IN THE CASE OF:
BOARD DATE: 15 July 2014
DOCKET NUMBER: AR20130021499
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 award of the Combat Infantryman Badge (CIB).
2. He states he was not awarded the CIB. He was in the infantry in a theater of war for over 90 days, and he was fired upon. He was given the Army Commendation Medal (ARCOM) for the period 25 January to 1 May 1991. He has been trying his best to forget the trauma he was involved in.
3. He provides a Certificate of Achievement and an ARCOM Certificate.
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 7 April 1987, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty 11B (Infantryman).
3. On 26 April 1988, he was honorably released from active duty by reason of dependency and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete his military service obligation.
4. On 11 January 1991, the U.S. Total Army Personnel Command issued Orders A-001-010507 ordering him to active duty for 179 days with a reporting date of 14 January 1991. The orders show the purpose of his active duty service was to provide Desert Shield driver support and his primary MOS was 11B.
5. On 5 May 1991, the 244th Personnel Service Company, Fort Lewis, WA, issued Orders 31-109 releasing him from active duty effective 16 May 1991. The orders show he was assigned to Battery A, 3rd Battalion, 2nd Air Defense Artillery (ADA) Regiment.
6. On 16 May 1991, he was honorably released from active duty as ordered. The DD Form 214 issued at that time, as amended by two DD Forms 215 (Correction to DD Form 214), does not show he was awarded the CIB.
7. His record is void of documentation showing he was awarded the CIB or that he was assigned to an infantry unit during his active duty service in support of Operations Desert Shield and Desert Storm.
8. He provides:
a. a Certificate of Achievement, dated 1 May 1991, given to him in recognition of his contribution to Operation Desert Shield and Desert Storm while assigned to Battery A, 3rd Battalion, 2nd ADA Regiment, and
b. an ARCOM Certificate, dated 1 May 1991, showing he received the award for meritorious achievement during the period 25 January to 1 May 1991 as a Bradley crewmember during combat operations in support of Operation Desert Storm while assigned to 3rd Battalion, 2nd ADA Regiment.
9. 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.
DISCUSSION AND CONCLUSIONS:
The evidence shows the applicant was an infantryman assigned to an ADA unit during his deployed service in support of Operations Desert Shield and Desert Storm. To be eligible for the CIB, a Soldier must be assigned an infantry unit during such time as the unit is engaged in active ground combat. Participating in ground combat as an infantryman while assigned to an ADA unit does not meet the basic criteria for award of the CIB. Therefore, there is no basis upon which to grant 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) AR20130021499
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ABCMR Record of Proceedings (cont) AR20130021499
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