BOARD DATE: 22 April 2014
DOCKET NUMBER: AR20130014496
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 the Combat Infantryman Badge.
2. The applicant states he was presented the Combat Infantryman Badge while assigned to D Company, 3rd Battalion, 7th Infantry Regiment, 24th Infantry Division, Saudi Arabia, but when his DD Form 214 was typed the clerk omitted the badge.
3. The applicant provides a statement.
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 14 April 1989 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. The Gulf War Deployment Roster is a record of Soldiers who participated in Desert Shield/Storm and served in Southwest Asia (SWA) in support of military operations during the period 2 August 1990 through December 1995. This roster shows the applicant served in SWA from 1 October 1990 to 24 March 1991 while assigned to Company D, 3rd Battalion, 7th Infantry Regiment.
4. The DD Form 214 he was issued does not show award of the Combat Infantryman Badge. His record is void of orders awarding him the Combat Infantryman Badge.
5. The applicant provides an email statement, undated, wherein a Mr. WB stated he served with the applicant in SWA while assigned to the 3rd Battalion, 7th Infantry Regiment. They deployed in August 1990 and engaged multiple Iraqi forces over several days of fighting in February 1991. The applicant was in theatre, did actively participate in ground combat, and was awarded the Combat Infantryman Badge upon returning (to Fort Stewart, GA).
6. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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. 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.
2. While the applicant's infantry MOS and his assignment to an infantry unit during his service in SWA are not in question, there is no evidence in his records and he did not provide sufficient evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.
3. Regrettably, in the absence of conclusive evidence that shows he actively participated in ground combat while assigned to an infantry unit there is insufficient evidence upon which to grant him the 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) AR20130014496
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