IN THE CASE OF: BOARD DATE: 25 November 2008 DOCKET NUMBER: AR20080013103 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 a second award of the Combat Infantryman Badge (CIB). 2. The applicant states that his second award of the CIB was not given for Operation Desert Shield/Storm, from December 1990 through May 1991. The qualifications for that award were the same as for his first award. 3. The applicant provides no additional evidence. 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 was inducted into the Army on 29 March 1968. He completed basic combat training and advanced individual training and was awarded MOS 11C (Indirect Fire Infantryman). He enlisted in the Regular Army on 10 August 1969. 3. The applicant served in Vietnam, where he was awarded the CIB. 4. The applicant was promoted to Master Sergeant, E-8, in MOS 11B (Infantryman) on 1 September 1989. 5. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was assigned as the First Sergeant of Company B, 5th Battalion, 16th Infantry, Fort Riley, KS, on 27 December 1988. On 3 January 1990, he was reassigned to Headquarters and Headquarters Company, 5th Battalion, 16th Infantry, Fort Riley, KS, as the First Sergeant. 6. The applicant's DA Form 2-1 shows he served in Saudi Arabia from 9 February 1991 through 8 May 1991. 7. The applicant's Noncommissioned Officer Evaluation Report (NCOER) for the period June 1990 through May 1991 shows he performed duties as a Company First Sergeant, MOS 11M (Fighting Vehicle Infantryman). Part IIIc (Duty Description, Daily Duties and Scope) stated he deployed to the Southwest Asia Theater of Operations as the First Sergeant of a Bradley Infantry Company. As such, he supervised the combat service support of 107 infantryman plus attachments in executing combat operations against an enemy force. 8. On 29 February 1992, the applicant retired. His DD Form 214 for the period ending 29 February 1992 shows, among other awards, that he was awarded one award of the CIB. 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB, and paragraph 8-6k specifies that for Operation Desert Storm individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991. 10. Paragraphs 8-6b and c of Army Regulation 600-8-22 state that 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, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and satisfactorily perform 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. DISCUSSION AND CONCLUSIONS: 1. It is recognized that the applicant was an infantryman assigned to an infantry unit during Operation Desert Storm. 2. However, the applicant's NCOER for the period ending May 1991 stated he supervised the combat service support of infantryman. There is no evidence to show that he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy. 3. Regrettably, there is insufficient evidence on which to base award of a second CIB. 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 him in service to our Nation. The applicant and all Americans should be justifiably proud of his service in arms during Operation Desert Storm. _______ _ XXX _______ ___ 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) AR20080013103 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20080013103 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1