IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016996 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ___x____ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016996 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. IN THE CASE OF: BOARD DATE: 11 April 2017 DOCKET NUMBER: AR20150016996 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 award the Combat Infantry Badge (CIB). 2. The applicant states he served in support of Operations Desert Storm and Desert Shield. He and his unit deployed from Germany to the theater of operations where he served from 30 December 1990 to 12 June 1991. While there, he led foot patrols, performing infantry duties in military occupational specialty (MOS) 11M2O (Fighting Vehicle Infantryman). 3. The applicant provides no additional evidence. 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. On 7 January 1985 the applicant enlisted in the Regular Army. He completed training and was awarded MOS 11B (Infantryman). 3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows: * he arrived in Germany on 4 January 1988 * he deployed to Saudi Arabia from 31 December 1999 to 13 June 1991 as an Bradley gunner in MOS 11M2O and then as a team leader with Company B, 3rd Battalion, 5th Cavalry Regiment * he departed Germany on 15 August 1991 4. His DA Form 2-1 does not show award of the CIB. 5. On 15 August 1991, the applicant was honorably discharged. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows: * he was discharged from Company B, 3rd Battalion, 5th Cavalry Regiment * he served in Southwest Asia from 30 December 1999 to 13 June 1991 * his primary MOS was 11B2O * his awards included the Southwest Asia Service Medal with two bronze service stars 5. A review of his official military personnel record showed no orders awarding him the CIB. REFERENCES: 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. Permanent award of badges, such as the CIB, will be announced in orders by commanders authorized to make the award. Campaign or battle credit alone is not sufficient for award of the CIB. DISCUSSION: A review of the applicant's record shows no orders were published awarding him the CIB. In addition, he was assigned to a cavalry unit, not an infantry unit. While the applicant stated he participated in combat operations in support of Operations Desert Storm and Desert Shield, campaign credit is insufficient to award the CIB. It appears he does not meet the eligibility criteria for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150016996 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016996 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2