IN THE CASE OF:	  

		BOARD DATE:  17 April 2012

		DOCKET NUMBER:  AR20110018583 


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 he is authorized the Combat Infantryman Badge.

2.  The applicant states his DD Form 214 indicates a DD Form 215 (Correction to DD Form 214) would be issued to include the information missing from his 
DD Form 214; however, he has not been provided the DD Form 215.

3.  The applicant provides a copy of his DD Form 214, dated 22 February 2008.

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 Alabama Army National Guard (ALARNG) for 8 years on 7 June 2004, in the pay grade of E-1.  He completed the training requirements and he was awarded military occupational (MOS) 11B (Infantryman).  He was promoted through the ranks to specialist four/
E-4.

3.  Joint Forces Headquarters ALARNG Orders 136-182 were published on 16 May 2007, ordering him to active duty in support of Operation Iraqi Freedom, effective 9 June 2007.  He was assigned to Company C, 1st Battalion, 167th (Mechanized) Infantry.

4.  On 22 February 2008, the applicant was released from active duty due to a personality disorder.  The DD Form 214 he received shows he served in Kuwait/Iraq from 23 September 2007 through 28 January 2008.  His DD Form 214 also shows he is authorized the following awards:

* National Defense Service Medal
* Global War on Terrorism Service Medal
* Army Service Ribbon
* Armed Forces Reserve Medal with "M" Device

5.  On 20 September 2008, the applicant was discharged from the ALARNG, due to unsatisfactory participation.  His NGB Form 22 (National Guard Bureau Report of Separation and Record of Service) shows the following as authorized awards:

* Army Service Ribbon
* Army Lapel Button
* Global War on Terrorism Service Medal
* Overseas Service Ribbon
* Global War on Terrorism Expeditionary Medal
* Armed Forces Reserve Medal with "M" Device
* National Emergency Service Medal of Alabama with 911 Clasp

6.  A review of the available records do not show the applicant ever engaged in active ground combat while he was in the Army.

7.  Army Regulation 600-8-22 (Military Awards) states 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions and his supporting evidence have been considered.

2.  In accordance with the applicable regulation, for award of the Combat Infantryman Badge the Soldier must have been an infantryman performing infantry duties.  He must have been assigned to an infantry unit during such time as the unit was engaged in active ground combat, and he must have actively participated in such ground combat.

3.  While his record does show he was an infantryman assigned to an Infantry unit, there is no evidence in the available record showing he engaged in active ground combat.  He does not submit any evidence showing he ever engaged in active ground combat.  In the absence of such, it must be presumed that he did not qualify for award of the Combat Infantryman Badge.

4.  In view of the foregoing, the applicant's request should be denied.

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)                                         AR20110018583



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ABCMR Record of Proceedings (cont)                                         AR20110018583



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