IN THE CASE OF:
BOARD DATE: 4 November 2014
DOCKET NUMBER: AR20140007703
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. The applicant states he is a combat infantry veteran and there is no CIB listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He was not aware that the CIB had to be listed on the DD Form 214 until an Army friend told him that it had to be listed.
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 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. Records show the applicant enlisted in the Regular Army on 5 June 1990 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman). The highest rank/grade he attained was specialist/E-4.
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not list award of the CIB.
4. He was honorably released from active duty on 4 June 1993. He was awarded the Southwest Asia Service Medal. His DD Form 214 shows he served with D Company, 1st Battalion, 16th Infantry, 1st Infantry Division. The CIB is not listed.
5. His records do not contain orders awarding him the CIB or any evidence that he participated in active ground combat.
6. 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. Specific requirements state that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.
DISCUSSION AND CONCLUSIONS:
1. The applicant's infantry MOS and service with an infantry unit are not in question. However, there is no evidence in the available records and he did not submit substantiating evidence to show he satisfactorily performed infantry duties or that he participated in active ground combat.
2. In the absence of documentary evidence that conclusively shows he actively participated in ground combat with his infantry unit, 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:
1. 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.
2. The Board wants the applicant, and all others concerned to know that this action in no way diminishes the sacrifices made by your service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms.
____________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) AR20140007703
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ABCMR Record of Proceedings (cont) AR20140007703
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