BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150018436 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING _____x___ ___x____ ____x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150018436 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _________________________ 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. BOARD DATE: 30 March 2017 DOCKET NUMBER: AR20150018436 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 add the Combat Infantryman Badge (CIB). 2. The applicant states, in effect, he was assigned to 2nd Battalion, 503rd Regiment and 2nd Battalion, 504th Infantry Regiment in Iraq during the Gulf War. Their tour started in Saudi Arabia and ended at the Euphrates River. They returned to Fort Bragg, NC, at the end of the tour. His platoon leader and platoon sergeant told them to put the CIB on their uniforms since it had been awarded to them. When he left service, he neglected to check his DD Form 214 for the award. He was discharged after he returned from Iraq and he was never provided a copy of the order awarding the CIB. 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to 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 enlisted in the Regular Army on 7 July 1987. He completed one-station unit training and was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman). Evidence shows he served in Southwest Asia from 20 September 1990 to 19 March 1991. 3. On 2 July 1991, the applicant was honorably released from active duty after completing a total of 3 years, 11 months, and 26 days of active military service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) of his DD Form 214 does not show award of the CIB. 4. There are no orders in his available records that show he was awarded the CIB. In addition, there is no evidence of record nor did the applicant provide evidence to show that he personally engaged in active ground combat while serving in Southwest Asia or Iraq. 5. The applicant provides a DD Form 215, dated 9 October 1992, which adds the Kuwait Liberation Medal to his DD Form 214. REFERENCES: Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. DISCUSSION: The available evidence shows the applicant held an infantry MOS and presumably served as an infantryman while serving in Southwest Asia. However, there is no evidence showing he personally engaged in active ground combat while serving in an infantry unit. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018436 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018436 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2