IN THE CASE OF:
BOARD DATE: 29 August 2013
DOCKET NUMBER: AR20130002398
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:
a. he was an infantryman attached to K Troop, 3rd Squadron, 2nd Armored Cavalry Regiment during Desert Storm; and
b. he feels he should have been awarded the CIB for his service during combat as an infantryman.
3. The applicant no additional documents.
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 enlisted in the Regular Army on 11 August 1987. He was trained in and served in military occupational specialty 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record) shows he served in Saudi Arabia from 15 December 1990 to 23 April 1991, while assigned for duty with Headquarters and Headquarters Troop, 2nd Armored Calvary Regiment. Item 9 (Awards, Decorations, and Campaigns) does not include the CIB among his list of awards.
4. On 7 August 1991, the applicant was honorably released from active duty at the expiration of his term of service. He completed 3 years, 11 months, and
27 days of creditable active service. The DD Form 214 (Certificate of Release or Discharge from Active Duty) he was issued at the time does not list the CIB as an authorized award.
5. There are no orders or other documents in the applicants military record to show he was ever recommended for or awarded the CIB by proper authority while serving on active duty.
6. The applicant's military record contains a DD Form 215 (Correction to the DD Form 214), dated 22 January 1993, that was issued to add other earned awards to his DD Form 214. The CIB is not listed on this document.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. It states the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicants claim of entitlement to the CIB and the supporting evidence he submitted were carefully considered. However, in order to support award of the CIB, there must be evidence not only that the member held an infantry MOS, while assigned to a qualifying infantry unit of brigade, regimental, or smaller size, but in addition, that the member was present and participated as an infantry Soldier with that unit at a time when it engaged in active ground combat with enemy forces.
2. Absent any evidence showing the applicant satisfied the regulatory criteria necessary for the award of the CIB, there is an insufficient evidentiary basis for granting the applicant's requested relief.
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) AR20130002398
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ABCMR Record of Proceedings (cont) AR20130002398
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