BOARD DATE: 11 August 2015
DOCKET NUMBER: AR20140021333
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, in effect, award of the Combat Infantryman Badge (CIB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award.
2. The applicant states:
* he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) and he was deployed to Iraq from 16 November 2004 through 14 November 2005
* he was a gunner on a high-mobility multipurpose wheeled vehicle while serving in Iraq
* other Soldiers he was deployed with informed him they had received the CIB and he was a gunner and they were not
3. The applicant provides 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. The applicant enlisted in the Regular Army on 24 October 2002. He completed training and he was awarded MOS 11B.
3. Records show he was deployed to Iraq in support of Operation Iraqi Freedom during the period 16 November 2004 through 14 November 2005. He served in MOS 11B in Iraq and he was assigned to Headquarters and Headquarters Detachment, 525th Military Intelligence Battalion, Combat Electronic Warfare Intelligence Company.
4. On 23 October 2006, he was honorably released from active duty. He completed 4 years of active duty service.
5. His records are void of and he failed to provide any evidence showing he was assigned to an infantry unit actively engaged in combat.
6. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry 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 applicant's request for award of the CIB was carefully considered.
2. Although the applicant held MOS 11B and was assigned to duty MOS 11B while serving in Iraq, there is no evidence of record that shows he was assigned to an infantry unit that was actively engaged in ground combat.
3. In view of the foregoing evidence, there is an insufficient basis 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 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) AR20140021333
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