IN THE CASE OF: BOARD DATE: 6 July 2010 DOCKET NUMBER: AR20100000042 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 award of the Combat Infantryman Badge and the combat patch. 2. The applicant states he deployed to Kosovo as an infantryman from 1999-2001. He understands this deployment is now recognized as a combat zone and feels he should be awarded the 1st Armored Division shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch" and the Combat Infantryman Badge. 3. The applicant did not provide any additional documentary 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's records show he enlisted in the Regular Army (RA) on 29 September 1998. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman). He also executed a 4-year reenlistment in the RA on 25 January 2002 and attained the rank of specialist/E-4. 3. His records show he served in Germany from on or about 14 June 1999 to 25 July 2001. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 36th Infantry. 4. His records further show he deployed with his unit to Kosovo from 26 May to 19 December 2000. 5. He was honorably discharged on 27 April 2003 by reason of disability with entitlement to severance pay. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he completed 4 years, 6 months, and 29 days of creditable active service. 6. item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Achievement Medal (2nd Award), Good Conduct Medal, National Defense Service Medal, Kosovo Campaign Medal, Army Service Ribbon, Overseas Service Ribbon, NATO Medal, Driver and Mechanic Badge with Driver - T Bar, and Driver and Mechanic Badge with Driver - W Bar. 7. His records do not contain official orders awarding him the Combat Infantryman Badge. 8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards. It states 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, 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 Combat Infantryman Badge is not authorized for service in Kosovo. 9. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.” In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records. DISCUSSION AND CONCLUSIONS: 1. With respect to the Combat Infantryman Badge, his infantry MOS and his service with an infantry unit in Kosovo are not in question. However, the Combat Infantryman Badge is not authorized for service in Kosovo. 2. With respect to award of the combat patch, the applicant’s shoulder sleeve insignia – former wartime service is an item of clothing it is not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records. 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) AR20100000042 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100000042 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1