IN THE CASE OF:
BOARD DATE: 4 June 2013
DOCKET NUMBER: AR20120020048
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests award of the Combat Infantryman Badge (CIB).
2. The applicant states he was personally present and engaged in active ground combat with enemy forces while attached to an infantry unit. He was attached to the 1st Armored Division between 24 and 28 February 1991 in Basra, Iraq.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), a Department of Veterans Affairs (VA) Rating Decision showing the applicant was rated as service connected for post traumatic stress disorder, and a VA Form 27-0781 (Statement in Support of Service Connection for Post Traumatic Stress Disorder (PTSD)), dated
20 October 2012.
CONSIDERATION OF EVIDENCE:
1. Title 10, U.S. Code, section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice. This provision of law also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant, a Regular Army master sergeant, retired on 31 August 1997 with 24 years of total active service.
3. The applicant's 31 August 1997 DD Form 214 shows his MOS as 92A and 11B and that both MOSs were held 23 years and 10 months. It does not list the CIB as an authorized award.
4. His DA Form 2166-7 (NCO Evaluation Report) for the period February through September 1991 shows he was serving as a sergeant first class in MOS 76P (Stock Control and Accounting Specialist). His unit was the 800th Materiel Management Center, 2nd Corps Support Command and his principle duty was materiel management supervisor.
5. On 2 December 1991, the applicant was awarded an Army Achievement Medal "For exceptionally meritorious service in the performance of duty during both peace and hostilities
"
6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.
7. In the applicant's statement in support of service connection for PTSD he recounts how he engaged in firefights with entrenched Iraqi Soldiers while attached to the 1st Armored Division from 20 through 28 January 1991.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he was personally present and engaged in active ground combat with enemy forces while attached to an infantry unit. He was attached to the 1st Armored Division between 24 and 28 February 1991.
2. The applicant reports that he engaged in active ground combat while attached to an infantry unit that was part of the 1st Armored Division. However; he did not identify the specific unit.
3. While the citation for the applicant's 2 December 1991 Army Achievement Medal credits him with "exceptionally meritorious service
during
hostilities
," there is no evidence of record that the applicant served in an infantry MOS with an infantry unit during active ground combat. Neither is there any evidence of record that he was ever recommended for or awarded the CIB, nor does it appear that he met the criteria for award of the CIB based on the evidence that is available.
4. In view of the foregoing there is no basis for granting the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ____x___ ____x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ _x______ ___
CHAIRPERSON
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.
ABCMR Record of Proceedings (cont) AR20120020048
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ABCMR Record of Proceedings (cont) AR20120020048
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