IN THE CASE OF:	 

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110011663 


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 was awarded the Combat Infantryman Badge for his service in Iraq.

3.  The applicant provides his DD Form 214 effective 20 September 2009.

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.  He enlisted in the U.S. Army Reserve on 24 May 2006.  He was ordered to active duty in support of Operation Iraqi Freedom on 31 August 2008.  Orders 261-29, dated 17 September 2008, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, GA, assigned him to Headquarters and Headquarters Company, 56th Stryker Brigade Combat Team, 28th Infantry Division, Iraq.

3.  His DD Form 214 filed in his official military personnel file (OMPF) shows:

	a.  he held military occupational specialty (MOS) 11B (Infantryman);

	b.  he was honorably released from active duty on 20 September 2009; and

	c.  he served in Iraq from 23 January 2009 through 24 August 2009.

4.  There are no orders in his records that show award of the Combat Infantryman Badge.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	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 he was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size.  However, it does not sufficiently show 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 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)                                         AR20110011663



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ABCMR Record of Proceedings (cont)                                         AR20110011663



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