IN THE CASE OF:	  

		BOARD DATE:	  22 November 2011

		DOCKET NUMBER:  AR20110011584 


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 he earned the CIB, but it was not entered on his DD Form 214.  

3.  He provides 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 enlisted in the Regular Army on 1 August 1990.  He completed the required training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).  
3.  He served in Southwest Asia (SWA) from 2 January to 16 May 1991.  

4.  His personnel record does not show he was awarded the CIB.  Item 9 (Awards, Decorations and Campaigns) on his DA Form 2-1 (Personnel Qualification Record – Part II) does not list award of the CIB.

5.  He was honorably released from active duty on 28 May 1993.  His DD Form 214 does not show the CIB as an authorized award.  

6.  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.  The CIB is authorized for award for the Southwest Asia Conflict (17 January to 11 April 1991).  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's service record is void of evidence and he has not provided any evidence which confirms he was awarded the CIB.  

2.  Although the applicant's records show he was awarded MOS 11M and served as an infantryman in SWA, there is no substantial evidence which shows he served during active ground combat and was personally present under hostile fire.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB.  

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)                                         AR20110011584





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ABCMR Record of Proceedings (cont)                                         AR20110011584



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