MEMORANDUM OF CONSIDERATION

	IN THE CASE OF: 

	BOARD DATE:            4 August 1999     
	DOCKET NUMBER:   AR1999021624

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Ms. Deborah L. Brantley		Analyst	

  The following members, a quorum, were present:

	Mr. Fred K. McCoy		Chairperson	
	Ms. Irene N. Wheelwright		Member	
	Mr. George D. Paxson		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  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 the application was filed within the time established by statute, and if not, whether it would be in the interest of justice to waive the failure to timely file.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Combat Infantryman Badge.  He states he was a qualified infantryman and served in Southwest Asia for 10 months with a transportation battalion and the 82nd Airborne Division.  He notes that he participated in the capture and detention of prisoners and the destruction of enemy munitions.  In support of his request he submits documents indicating his unit was “near Khamisiyah, Iraq in early March 1991” when the U.S. was involved in the “demolition of Iraqi weapons….”  He also submits several photographs and a letter from the VA indicating he has been awarded disability compensation for PTSD and sinusitis.  Additionally, he submits a certificate of achievement, signed by LTG Pagonis as commander of the U.S. Army Central Command, 22nd Support Command, recognizing the applicant’s participation in “the most successful logistical deployment in support of a combat victory in military history.”

PURPOSE:  To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.

EVIDENCE OF RECORD:  The applicant's military records show:

He was a member of the Massachusetts Army National Guard when he was called to active duty in support of the Gulf War.  His records indicate he was awarded specialty 88M in 1987 and an infantry specialty (11B) in October 1990. 

He arrived in Southwest Asia in November 1990 and was assigned as a vehicle driver (specialty 88M) with the 1058th Transportation Company.  He remained in Southwest Asia until May 1991 and on 27 June 1991 was released from active duty and returned to his reserve status.

He was honorably discharged from the National Guard in 1992.

There are basically three requirements for award of the Combat Infantryman Badge.  The soldier must be an infantryman (11 series specialty), assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must have actively participated in such ground combat.  While the applicant may have held an infantry specialty, his records indicate he performed duties as a vehicle driver with a transportation unit while in Southwest Asia and as such was not eligible for the Combat Infantryman Badge.

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.  Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION:  The alleged error or injustice was, or with reasonable diligence should have been discovered on 27 June 1991, the date the applicant was released from active duty and authenticated his separation document.  The time for the applicant to file a request for correction of any error or injustice expired on 27 June 1994.

The application is dated 12 December 1998 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.

DETERMINATION:  The subject application was not submitted within the time required.  The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.

BOARD VOTE:

________  ________  ________  EXCUSE FAILURE TO TIMELY FILE

________  ________  ________  GRANT FORMAL HEARING

__fkm___  ___inw__  ___gdp__  CONCUR WITH DETERMINATION

		Loren G. Harrell
		Director

INDEX

CASE ID	AR1999021624	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	19990804	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 107.00		
2. 142.00		
3.		
4.		
5.		
6.