BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130019520
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 two awards of the Combat Infantryman Badge (CIB).
2. The applicant states that while on active duty with the 81st Brigade in Iraq he was awarded a second CIB. Orders were issued, but the award did not appear on his DD Form 214.
3. The applicant provides a copy of the CIB (2nd Award) orders.
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. A DD Form 214 for the period 16 August 1989 through 22 January 1992 shows the CIB as an authorized award.
3. On 16 October 2002, following prior enlisted service in the U.S. Marine Corps and the California Army National Guard (CAARNG), the applicant was appointed as an infantry second lieutenant (2LT) in the CAARNG. He was promoted to first lieutenant (1LT) effective 16 October 2004.
4. A DD Form 214 for the period shows he was deployed to Iraq from
15 November 2003 through 4 May 2005. The CIB (2nd Award) and the Iraq Campaign Medal are not listed as authorized awards.
5. A DD Form 214 for the period 9 May 2005 through 28 March 2006 shows he was released from active duty due to completion of required active service as a 1LT. The CIB (2nd Award) is not listed as authorized award.
6. The applicant provides a copy of Permanent Order 271-09, Headquarters, 81st Brigade Combat Team, LSA Anaconda, Baladad, Iraq, dated 27 September 2004, showing he was awarded the CIB (2nd Award) for the period
5 April-15 August 2004.
7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. The regulation states a separate award of the CIB has been authorized for qualified Soldiers in any of four conflicts:
a. World War II (7 December 1941 to 3 September 1945);
b. the Korean Conflict (27 June 1950 to 27 July 1953);
c. the Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991); and
d. the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom).
DISCUSSION AND CONCLUSIONS:
Permanent orders awarded the applicant the CIB (2nd Award). His DD Forms 214 should be corrected to show this award.
BOARD VOTE:
___x_____ __x______ __x_ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the Combat Infantryman Badge (2nd Award) to his DD Form 214 for the periods 15 November 2003 through 4 May 2005 and 9 May 2005 through
28 March 2006.
__________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) AR20130006762
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ABCMR Record of Proceedings (cont) AR20130019520
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