IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130004486
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.
2. The applicant states he served in combat in military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman) in Operation Desert Storm. He served and fought with Company E, 2nd Regiment, 7th Battalion, 24th Infantry Division. The Combat Infantryman Badge is not listed on his DD Form 214 (Certificate or Release or Discharge from Active Duty). He earned this award because he fought for his country and deserves to have it added to his DD Form 214.
3. The applicant provides a self-authored statement and his DD Form 214.
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 3 January 1989 and held MOS 11H. The highest rank/grade he attained was private/E-2.
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not list award of the Combat Infantryman Badge.
4. His records do not contain orders awarding him the Combat Infantryman Badge or any evidence that he participated in active ground combat.
5. He was discharged under honorable conditions on 11 September 1991 in the rank/grade of private/E-1. His DD Form 214 shows he served in Southwest Asia from 24 August 1990 to 12 April 1991. The Combat Infantryman Badge is not listed.
6. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge. 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 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.
DISCUSSION AND CONCLUSIONS:
The applicant's infantry MOS and service with an infantry unit are not in question. However, there is no evidence in the available records and he did not submit substantiating evidence to show he satisfactorily performed infantry duties or that he participated in active ground combat. In the absence of documentary evidence that conclusively shows he actively participated in ground combat with his infantry unit, 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 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) AR20130004486
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ABCMR Record of Proceedings (cont) AR20130004486
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