IN THE CASE OF: BOARD DATE: 1 March 2011 DOCKET NUMBER: AR20100021246 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. 2. The applicant states he believes this badge was overlooked when he processed out of the military. He is applying for Department of Veterans Affairs (VA) benefits and would like this request expedited because it would be of great value in supporting his VA claim. 3. The applicant provides no additional documentation. 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 DD Form 214 as filed in his official military personnel file (OMPF) shows: a. he enlisted in the Regular Army on 7 February 2002 and he was awarded military occupational specialty (MOS) 11B (Infantryman); b. he was assigned to Company A, 1st Battalion,15th Infantry Regiment; c. he was honorably discharged on 16 April 2004; d. in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Global War On Terrorism Service Medal, Global War On Terrorism Expeditionary Medal, Presidential Unit Citation, National Defense Service Medal, Armed Forces Expeditionary Medal, Army Service Lapel Button, and the Army Service Ribbon; and e. in Item 18 (Remarks) he was deployed to Kuwait from 13 July to 23 November 2002; and he was deployed to Iraq from 10 January to 20 July 2003. 3. Section VIII - Awards and Decorations of the applicant's Enlisted Record Brief (ERB) does not show award of the Combat Infantryman Badge. 4. Army Regulation 600-8-22 (Military Awards) provides: a. The Combat Infantryman Badge 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. b. Recommendations for awards of badges will be submitted through command channels to the commander authorized to make the award. Awards of the Combat Infantryman Badge will be announced in permanent orders by commanders authorized to make the award or in permanent orders issued by Headquarters, Department of the Army. DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show award of the Combat Infantryman Badge. 2. The evidence clearly shows the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size. However, it does not sufficiently show that he ever engaged in active ground combat. 3. Furthermore, there is no available evidence showing he was ever recommended for award of the Combat Infantryman Badge, or that orders were issued authorizing this badge. Therefore, there is insufficient evidence on which to base adding this badge to his DD Form 214. 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) AR20100021246 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20100021246 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1