IN THE CASE OF:
BOARD DATE: 18 March 2014
DOCKET NUMBER: AR20130013638
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 issuance of a DD Form 215 (Correction to DD Form 214) amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge (CIB).
2. He states he was informed he had received a CIB for duty in Operation Desert Sabre during Operation Desert Shield/Storm. When the command was issued the CIB, he did not receive one as others in his command did. This has an adverse effect on his Department of Veterans Affairs benefits.
3. He provides no documentary evidence in support of his request.
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. On 17 September 1987, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
* item 5 (Oversea Service) service in Saudi Arabia from 12 October 1990 through 7 April 1991
* item 9 (Awards, Decorations, and Campaigns) no entry for the CIB
* item 35 (Record of Assignments) assignment to Company A, 2nd Battalion, 5th Cavalry, with principal duty as an automatic rifleman from 3 April 1990 through his release from active duty
4. On 16 September 1991, he was honorably released from active duty. His DD Form 214 does not show the CIB.
5. A review of the available records failed to reveal:
* orders awarding him the CIB or documentary evidence indicating such orders were published
* documentary evidence indicating he participated in active ground combat during his service in Southwest Asia
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. The unit in question can be of any size smaller than a brigade. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB.
DISCUSSION AND CONCLUSIONS:
The applicant states he was told he had received the CIB, and he states others in his command were awarded the badge. Unfortunately, the available records contain no evidence indicating he participated in active ground combat or that he was awarded the CIB. In the absence of such evidence, there is an insufficient basis for correcting his DD Form 214 to show the CIB.
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) AR20130013638
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130013638
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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