BOARD DATE: 22 November 2011 DOCKET NUMBER: AR20110011749 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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) by awarding him the Combat Infantryman Badge (CIB). 2. He was not awarded the CIB for his service in Iraq as an 11B (Infantryman). 3. He provides four DD Forms 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's record shows that he enlisted in the Regular Army (RA) on 8 October 1991. He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman). 3. On 6 February 1995, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) after completing a total of 3 years, 3 months, and 29 days of active military service. 4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbon Awarded or Authorized) of his DD Form 214, dated 6 February 1995, does not show award of the CIB. 5. He again enlisted in the RA on 25 July 1996 and served until he was honorably discharged on 24 July 1999. 6. Item 13 of his DD Form 214, dated 24 July 1999, does not show award of the CIB. 7. Effective 25 July 1999, he enlisted in the California Army National Guard (CAARNG) and was ordered to active duty on 7 January 2002. His DD Form 214 shows: a. on 13 July 2002, he was honorably released from active duty and returned to the CAARNG after completing a total of 6 months and 7 days of active military service; b. Item 13 of his DD Form 214 does not show award of the CIB; and c. Item 18 (Remarks) shows he was deployed to Southwest Asia from 8 February to 7 June 2002 in support of Operation Desert Spring. 8. On 16 August 2004, he was ordered to active duty in support of Operation Iraqi Freedom. His DD Form 214, dated 9 August 2005, shows: a. he was honorably released from active duty and returned to the CAARNG after completing a total of 11 months and 24 days of active military service; b. item 12f (Foreign Service) does not show he served overseas; c. Item 13 of his DD Form 214 does not show award of the CIB; and d. Item 18 (Remarks) does not show he served overseas. 9. There are no orders in the available records that show he was awarded the CIB. Additionally, there is no evidence that he personally engaged in active ground combat while he was in Southwest Asia or Iraq. 10. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Chapter 8 of the awards regulation contains guidance on award of combat and special skill badges. Paragraph 8-6b (5) (a) contains guidance on award of the CIB. It states, in pertinent part, that on or after 18 September 2001, a Soldier must be an Army infantry or special forces (SSI 11 or 18) in the grade of colonel or below, or an Army enlisted Soldier or warrant officer with an infantry or special forces MOS, who has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, to close with and destroy the enemy with direct fires. DISCUSSION AND CONCLUSIONS: The available evidence shows the applicant held and served in an infantry MOS while assigned to an infantry unit. However, the evidence does not show he personally engaged in active ground combat while serving with his infantry unit. Therefore, he is not entitled to 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 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) AR20110011749 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1