IN THE CASE OF:
BOARD DATE: 31 October 2013
DOCKET NUMBER: AR20130005934
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his award of the Combat Infantryman Badge (CIB).
2. The applicant states, in effect, he was assigned to Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division in Iraq from 21 October 2004 through 22 March 2005 and he was awarded the CIB.
3. The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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 20 May 2004 and he held military occupational specialty 11B (Infantryman).
3. On 6 July 2007, he was honorably discharged by reason of parenthood. He completed 3 years, 1 month, and 17 days of creditable active service. His
DD Form 214 shows he served in Iraq from 21 October 2004 through 22 March 2005. It does not show the CIB among his list of awards.
4. The available records do not show the applicant's unit of assignment during his deployment; however, he indicates in his application that he was assigned to Company C, 2nd Battalion, 7th Cavalry Regiment, 1st Cavalry Division during his service in Iraq.
5. His Army Military Human Resource Record (AMHRR) is void of orders awarding him the CIB.
6. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties, assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participating in such ground combat. Specific requirements state, in effect, that an Army Soldier must have an infantry or special forces specialty/military occupational 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 Soldier 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, to close with and destroy the enemy with direct fires.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends his DD Form 214 should be corrected to show award of the CIB.
2. The evidence clearly shows he was awarded an infantry MOS; however,
there is no evidence to show he ever engaged in active ground combat, there is no available evidence showing he was ever recommended for the CIB or that orders were issued authorizing this badge, and he did not provide CIB orders.
3. In view of the foregoing, 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) AR20130005934
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ABCMR Record of Proceedings (cont) AR20130005934
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