IN THE CASE OF:	  

		BOARD DATE:	  23 October 2014

		DOCKET NUMBER:  AR20140004626 


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 in:

* Item 5 (Date of Birth (DOB) – 21 January 19XX
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – the Combat Infantryman Badge

2.  The applicant states there is no mention on his DD Form 214 of his issuance of the Combat Infantryman Badge.  His DOB is not correct; it should be 21 January 19XX. 

3.  The applicant provides a copy of his DD Form 214.

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 provide in the statute of limitations, the ABCMR has elected to conduct a substantive review of the cases 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 sufficient bases to waive the statute of limitations.

2.  The applicant's complete military records were not provided to the Board and a review of the Interactive Personnel Electronic Records Management System (iPERMS) failed to contain any records for the applicant.  However, there was sufficient documentation submitted by the applicant for the Board to conduct a fair and impartial review of this case.

3.  He provided a copy of his DD Form 214 which shows he enlisted in the Regular Army on 20 February 1990.  He was awarded military occupational specialty 11M (fighting vehicle infantryman).  He served in Southwest Asia from 24 December 1990 to 4 May 1991.  He was released from active duty on 26 May 1992 and he was transferred to a Reserve unit.  He was credited with completing 2 years, 3 months, and 7 days of net active service.  His DD Form 214 lists in:

* Item 5 – 2 January 19XX
* Item 8a (Last Duty Assignment and Major Command) – C Company, 1st Battalion, 7th Infantry
* Item 13 – the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* overseas service bar

4.  The Soldier Management System, located on the U.S. Army Human Resources Command (AHRC) Integrated Web Service (IWS), shows his DOB as 21 January 19XX.

5.  There are no available orders authorizing or awarding him the Combat Infantryman Badge during his period of service.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  The regulation stated:

* Item 5 - would lists the Soldier's DOB
* Item 8a – would list the last duty assignment and major command
* Item 13 – would list all awards and decorations

7.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is awarded to an infantryman Soldier satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat, and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  With regard to correction of his DD Form 214 to list the Combat Infantryman Badge, there are no available orders and he provided none showing he was awarded the Combat Infantryman Badge.  Additionally:

   a.  The applicant was awarded MOS 11M and served in an infantry unit during his period of service.  However, there is no available evidence and he did not provide sufficient evidence showing he performed infantry duties while assigned to that infantry unit during such time as the unit was engaged in active ground combat, and he actively participate in such ground combat during his period of active duty.  

   b.  To be entitled to award of the Combat Infantryman Badge, the evidence must show he held and served in an infantry MOS while assigned/attached to an infantry unit of brigade, regiment, or smaller size and he must have served in active ground combat while assigned/attached to this infantry unit during his period of service.

   c.  In the absence of orders awarding him the Combat Infantryman Badge or evidence showing he met all the criteria for this award, there is insufficient evidence upon which to base awarding him the Combat Infantryman Badge and its addition to his DD Form 214.

2.  With regard to correction of his DD Form 214 to list his DOB as 21 January 19XX, the HRC IWS shows the same birth date he contends is correct.  It appears his DD Form 214 contains a typographical error with listing his birth date as "2" instead of "21."  Therefore, he is entitled to correction of this DD Form 214 to show his DOB as 21 January 19XX.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by correcting item 5 of his DD Form 214 to list his DOB as 21 January 19XX as shown on the AHRC IWS.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding of the Combat Infantryman Badge and its addition to his DD Form 214.



      _______ _   ___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)                                         AR20140004626





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ABCMR Record of Proceedings (cont)                                         AR20140004626



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