IN THE CASE OF: BOARD DATE: 25 February 2016 DOCKET NUMBER: AR20150006538 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). 2. He states the CIB was awarded for service in the Persian Gulf War following combat operations conducted against Iraqi forces in the Kuwait theatre of operations including the attack of Mutla Ridge. He adds CIBs were awarded and pinned while he was in Kuwait and they were required on the uniforms. 3. He provides his DD Form 214, the Army Commendation Medal (ARCOM), and an Operation Desert Storm Certificate. 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 20 January 1989. After completion of basic and advanced individual training, he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman). He served in South West Asia from 10 October 1990 to 9 June 1991. He was honorably released from active duty on 19 January 1992 and credited with completing 3 years of active duty service. 3. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does not show award of the CIB. Additionally, his military service records do not contain any orders awarding him the CIB. 4. He provides an ARCOM certificate, dated 17 May 1991, that shows his unit of assignment as 3d Battalion, 41st Infantry Regiment, 2d Armored Division. The award states: For exceptional meritorious service during Operation Desert Storm from 17 January 1991 to 1 March 1991 while assigned to the 1st (Tiger) Brigade Battle Team, 2d Armored Division. [Applicant] contributed immeasurably to the absolute success of Battle Team Combat Operation conducted against Iraqi forces in the Kuwait Theater of Operations including the attack of the Mutla Ridge Complex west of Kuwait City. [Applicant] performance reflects great credit upon himself, the 1st (Tiger) Brigade Battle Team, 2d Armored Division, and the United States Army. 5. Information obtained from the internet states that the Mutla Ridge is the highest point in Kuwait. During the Gulf War, the Iraq forces were going to launch bombs while they were on the ridge to threaten Saudi Arabia. Iraqi troops had set up a choke point at the ridge to cut off Kuwaiti traffic, but the checkpoint, lined with concertina wire, helped cut off the Iraqis instead when jets destroyed tanks at the front and back of the convoy, blocking the road. http://articles.baltimoresun.com/1991-03-02/news/1991061005_1_kuwait-iraqi-army-iraqi-soldiers 6. Army Regulation 600-8-22 (Military Awards) states 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 must have satisfactorily performed duty while assigned or attached as a member of an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. DISCUSSION AND CONCLUSIONS: Although the evidence of record shows the applicant held an infantry MOS and he was assigned to an infantry unit, there is no evidence he was present and actively participated while his infantry unit engaged in ground combat. 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) AR20150006538 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150006538 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1