IN THE CASE OF:
BOARD DATE: 17 September 2015
DOCKET NUMBER: AR20150001295
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 award of the Combat Infantryman Badge (CIB) (2nd Award).
2. The applicant states he was awarded the CIB on two occasions.
3. The applicant provides:
* DD Form 214
* orders
* memorandum, subject: Participation in Operation Desert Shield/Storm in Southwest Asia, dated 30 May 1991
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 10 September 1987. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. Permanent Orders 3-5, issued by Headquarters, Joint Task Force-South, dated 7 January 1990, show he was awarded the CIB for his service (in Panama) on 7 January 1990.
4. On 9 September 1991, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows in:
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Parachutist Badge
* Southwest Asia Service Medal with two bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 18 (Remarks) "Service in Southwest Asia from 18 August 1990 through 3 April 1991"
5. There are no orders in his available records which show he was awarded a second award of the CIB.
6. 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. 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, of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat.
7. Army Regulation 600-8-22 further states a separate award of the CIB has been authorized for qualified Soldiers in any of the four conflicts identified below.
Subsequent awards of the CIB are not authorized for the same qualifying period.
It is recognized by one award only regardless of whether a Soldier served one or multiple tours in any or all of these areas:
a. World War II (7 December 1941 to 3 September 1945);
b. Korean Conflict (27 June 1950 to 27 July 1953);
c. Vietnam Conflict (which includes service in the Republic of Vietnam (2 March 1961 to 28 March 1973) and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea in the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and Persian Gulf War (17 January to 11 April 1991); and
d. Global War on Terrorism (which includes Afghanistan (Operation Enduring Freedom) and Iraq (Operation Iraqi Freedom)).
DISCUSSION AND CONCLUSIONS:
1. Orders awarded him the CIB. Therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. His contention that he should be awarded a second CIB was carefully considered. The governing regulation states that subsequent awards of the CIB are not authorized for the same qualifying period; it is recognized by one award only, regardless of whether a Soldier served one or multiple tours in any or all of the qualifying conflicts.
3. The evidence show he was awarded a CIB for his service in Panama; therefore, in accordance with the governing regulation, he is only entitled to one award of the CIB for his qualifying service.
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 amending his DD Form 214 to show the CIB.
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 award of the CIB (2nd Award).
_______ _ 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) AR20150001295
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