BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002696 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 BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002696 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. BOARD DATE: 17 August 2017 DOCKET NUMBER: AR20160002696 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) and Army Commendation Medal (ARCOM). 2. The applicant states: a. He served over 7 years in the Army. He attended Airborne School at Fort Benning, Georgia, and was assigned to the 82nd Airborne Division from June 1987 to April 1991. b. In August 1990, he deployed in support of Operations Desert Shield/ Desert Storm. The unit he was assigned to was awarded the CIB, but he wasn't. c. He received an ARCOM in the mail for his duties as a squad leader/ platoon sergeant while serving in a combat environment. d. He contacted five fellow Soldiers from his unit to ascertain if they earned the CIB and all replied yes. He believes the error occurred because he was scheduled to end his enlistment in August or September 1990 as part of the early out program, but he waived the early out and stayed until the war was over. A month after they returned to the United States he ended his tour of service and went back home to Texas. He thinks his name was left off the orders because of his rapid expiration term of service. 3. The applicant provides: * DD Form 214 * telephone numbers for two fellow Soldiers 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 7 December 1983 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 11B (infantryman). On 2 December 1986, he was honorably discharged for immediate reenlistment. He reenlisted on 3 December 1986 for a period of 4 years. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows: * he served in duty MOS 11B assigned to Company C, 1st Battalion, 325th Air Cavalry Regiment, 82nd Airborne Division, in Southwest Asia from 8 August 1990 to 7 December 1991 * no award of the CIB or ARCOM 4. On 29 April 1991, he was honorably discharged for expiration term of service. 5. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Army Lapel Button * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Hand Grenade Bar * Overseas Service Ribbon * Army Good Conduct Medal (2nd Award) * Noncommissioned Officer Professional Development Ribbon * Expert Infantryman Badge * National Defense Service Medal * Senior Parachutist Badge * Army Achievement Medal (5th Award) 6. On 10 March 1993, he was issued a DD Form 215 (Correction to DD Form 214) adding award of the Southwest Asia Service Medal with two Bronze Service Stars and Kuwait Liberation Medal to his DD Form 214. 7. There are no orders for the CIB or ARCOM in the available records. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 8-6 provides that a Soldier must meet the following three requirements for award of the CIB: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. b. The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service. DISCUSSION: 1. The applicant's contentions were carefully considered. 2. The governing regulation for award of the CIB clearly establishes the criteria for this award. 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. 3. Although he held duty MOS 11B and was assigned to Company C, 1st Battalion, 325th Air Cavalry Regiment, 82nd Airborne Division, in Southwest Asia, there is no evidence showing he was assigned to this unit during such time as the unit was engaged in active ground combat and that he actively participated in such ground combat. 4. Although he contends he received an ARCOM in the mail, there is no evidence of record and he provided no evidence showing he was awarded the ARCOM. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160002696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160002696 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2