IN THE CASE OF:	  

		BOARD DATE:	  3 December 2014

		DOCKET NUMBER:  AR20140002899 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show the dates of his foreign service in Saudi Arabia during the Gulf War, the Combat Infantryman Badge (CIB), and the Expert Infantryman Badge (EIB).

2.  The applicant states, in effect, that there is no record of his EIB or any record of his deployment to Saudi Arabia for Operation Desert Storm.  Because he was supplied live ammunition for duty he should receive the CIB.  He was deployed to Germany and shortly after receiving the EIB he had to take emergency leave.  He lost all his belongings.  He was assigned to ride "shotgun" in the trucks and he feels that he was forgotten.  He was not aware of the significance of his deployment until he applied for Veterans benefits.

3.  The applicant provides his DD Form 214 and emergency leave 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.  His records show he enlisted in the Regular Army on 26 January 1989 and held military occupational specialty 11B (Infantryman).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows the applicant served in Saudi Arabia from 1 December 1990 through
1 January 1991.

4.  He was honorably released from active duty 25 January 1993 and he was transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) no award of the EIB or the CIB; and

	b.  Item 18 (Remarks) the entry "SERVICE IN SWA: 19901201 TO 19910101."

5.  His records do not contain orders that show he was awarded the CIB or the EIB.

6.  He provides Order Number 1-1, issued by the 546th Personnel Service Company, Germany, dated 1 January 1991.  This order shows that beginning 
1 January 1991 he was authorized 10 days of emergency leave to Minden, LA from the 15th Transportation Company, Germany.

7.  Army Regulation 600-8-22 (Military Awards) states:

	a.  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.

	b.  States that in order to participate in the EIB program and be awarded the EIB, members must meet the prerequisites and take the test with an infantry unit of at least battalion size.  The test requirement is to meet all prerequisites and proficiency tests prescribed by U.S. Army Infantry Center and given by authorized commanders.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents) at the time prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests his DD Form 214 be corrected to show the dates of his foreign service in the Gulf War and award the CIB and the EIB.

2.  A review of his DD Form 214 shows his foreign service in Saudi Arabia is listed as "SERVICE IN SWA: 19901201 TO 19910101."  These dates correlate with the dates recorded of his DA Form 2-1 for Saudi Arabia; therefore, his foreign service in the Gulf War is correctly shown on his DD Form 214.

3.  The applicant's sincerity regarding his entitlement to the CIB is not questioned.  However, the available evidence does not sufficiently show that he actively participated in combat while assigned to an infantry unit.  Therefore, this portion of his request should be denied.

4.  The applicant has not submitted and his records do not contain orders awarding him the EIB.  There is no available evidence showing that the applicant completed the qualification requirements for award of the EIB.  Therefore, this portion of his request should be denied.

5.  In view of the above, his request should be denied.

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)                                         AR20140002899





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ABCMR Record of Proceedings (cont)                                         AR20140002899



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