BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100008089 


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 (CIB) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the badge.

2.  The applicant states he served in Afghanistan between 2005 and 2006 and everyone in his unit was awarded the CIB except him.  He needs the CIB to prove he was in combat to receive medical care.

3.  The applicant provides a copy of 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's records show he enlisted in the Texas Army National Guard (TXARNG) on 15 December 2003.  He subsequently entered active duty for training and he was awarded military occupational specialty (MOS) 11B (Infantryman).  

3.  On 19 March 2005, he was ordered to active duty as a member of his ARNG unit, in support of Operation Enduring Freedom.  He subsequently served in Afghanistan from 7 May 2005 to 8 May 2006.  He was assigned to Company A, 3d Battalion, 141st Infantry.

4.  He was honorably released from active duty to the control of his ARNG unit on 10 June 2006.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Afghanistan Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Service Ribbon, and Armed Forces Reserve Medal with "M" Device.  

6.  The applicant's records do not contain permanent orders awarding him the CIB.

7.  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 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 contends he should be awarded the CIB.

2.  The applicant's infantry MOS and his assignment to an infantry unit during his service in Afghanistan are not in question.  However, his records do not contain permanent orders awarding him the CIB.  Additionally, there is no evidence in the available records and he did not submit sufficient evidence that shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.

3.  Notwithstanding his sincerity regarding his entitlement to this badge, in the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
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)                                         AR20100008089



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)                                         AR20100008089