IN THE CASE OF:
BOARD DATE: 17 June 2014
DOCKET NUMBER: AR20130018194
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 he was awarded the Combat Infantryman Badge (CIB).
2. He states he fought side by side with Soldiers in his unit who have the CIB on their DD Forms 214. He states the CIB was pinned on him in Saudi Arabia.
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 19 October 1988, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record), reviewed on 7 October 1991, shows in:
* item 5 (Oversea Service) he served in Saudi Arabia from 3 January to 18 May 1991
* item 9 (Awards, Decorations, and Campaigns) no entry for the CIB
* item 35 (Record of Assignments) from 16 June 1989 to 30 September 1991, he was assigned to Company D, 5th Battalion, 18th Infantry, in duty MOS 11M
4. On 6 January 1992, he was honorably released from active duty. His DD Form 214 does not show that he was awarded the CIB.
5. His record does not contain orders awarding him the CIB.
6. Department of the Army General Orders Number 14, dated 11 April 1997, announced award of the Valorous Unit Award to the 5th Battalion, 18th Infantry, for extraordinary heroism while engaged in military operations during the period 5 January to 18 May 1991.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. Award of the CIB is announced in orders.
DISCUSSION AND CONCLUSIONS:
The evidence confirms the applicant was an infantryman assigned to an infantry unit during his deployed service from 3 January to 18 May 1991; however, the evidence does not conclusively show that he participated in active ground combat. His own statement is an insufficient basis for awarding the CIB. In the absence of corroborating documentary evidence confirming he met the criteria for 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) AR20130018194
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