IN THE CASE OF:
BOARD DATE: 9 July 2015
DOCKET NUMBER: AR20140019620
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 that he be awarded the Combat Infantryman Badge (CIB).
2. The applicant states that he was never issued orders for the CIB while serving as a squad leader and master gunner in Iraq/Kuwait during the Gulf War. He goes on to state that he served in combat and orders were issued at Fort Stewart, Georgia with an incorrect first name; however, the social security number (SSN) was correct.
3. The applicant provides a copy of his DA Form 2-1 (Personnel Qualification Record).
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. The applicant enlisted in the Regular Army on 24 November 1981. He completed his one station training as an infantryman and airborne training at Fort Benning, Georgia. He remained on active duty through a series of continuous reenlistments and served tours in Korea, Germany and 4 months in Saudi Arabia. He was promoted to the pay grade of E-7 on 1 February 1992.
3. On 27 November 1996, while stationed at Fort Lewis, Washington, the applicant was discharged under honorable conditions under the provisions of Army Regulation 635-200, paragraph 14-12c, for misconduct. He had served 15 years and 6 days of active service and his DD Form 214 issued at the time of his discharge does not reflect the award of the CIB.
4. A review of his official records failed to reveal any orders awarding the applicant the CIB or any evidence showing that he engaged the enemy while serving in an infantry unit in Iraq/Kuwait.
5. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the CIB for his participation in the Gulf War has been noted; however, he has failed to show through the evidence of record and the evidence submitted with his application sufficient evidence to show that he served in active ground combat during his deployment.
2. While the applicant claims that orders were published that contained his SSN, he has not provided a copy of those orders and his records do not contain them.
3. Therefore, in the absence of orders awarding him the CIB or evidence to show that he did in fact engage the enemy in combat, there appears to be no basis to award him the CIB at this time.
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) AR20140019620
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20140019620
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2012 | 20120006080
The applicant requests that his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release of Discharge from Active Duty). The applicant states that he received the CIB but it is not recorded on his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Deleting the SWASM from his DD Form 214 * Adding the SWASM with two bronze service stars, the CIB, the KLM-K, and the KLM-SA...
ARMY | BCMR | CY2006 | 20060010590
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB). Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire. Therefore, the applicant has not met the requirements for award of the...
ARMY | BCMR | CY2009 | 20090004204
The applicant requests correction of his DD Form 214 (Certificate of or Discharge from Active Duty) to include the award of the Combat Infantryman Badge (CIB) and any additional awards to which he may be entitled. There is no evidence in the available records and the applicant has not provided any evidence to show he was actively engaged in ground combat with enemy forces during the Persian Gulf War. _______ _ X _______ ___ CHAIRPERSON I certify that herein is recorded the true and...
ARMY | BCMR | CY2010 | 20100006998
The applicant requests reconsideration of his earlier petition to add the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM) to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty). Further, the third-party statement provided from a Soldier who served with the applicant during Operation Desert Storm corroborates his participation in combat operations with the unit. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2015 | 20150000626
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show his awards of the Combat Infantryman Badge (CIB), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Army Commendation Medal (ARCOM). However, the applicant has not provided and his records do not contain evidence to show he was awarded the ARCOM. As a result, the Board recommends that all Department of the Army records of the...
ARMY | BCMR | CY2002 | 2002081908C070215
Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, 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. The Board considered the applicant's contention that he served in the Persian Gulf from 19 January 1991 through 12 May 1991 with the 1st Infantry Division...
ARMY | BCMR | CY2011 | 20110005877
The applicant states that he was awarded the CIB while serving in Operation Desert Storm and it was not entered on his DD Form 214. Accordingly, it should be awarded at this time and added to his DD Form 214. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: * Adding his awards of the CIB and AGCM to his DD Form 214 * Deleting his award of the Kuwait Liberation Medal from his DD Form 214 * Adding the award of the KLM-SA...
ARMY | BCMR | CY2011 | 20110014518
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB) and any other medals and decorations that may have been given for Operation Desert Storm. The applicant provides no evidence. In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
ARMY | BCMR | CY2008 | 20080013667
Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. There is no evidence of record nor has the applicant submitted any evidence that shows he was awarded the CIB.
ARMY | BCMR | CY2002 | 2002077066C070215
In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice. The applicant’s DD Forms...