BOARD DATE: 31 July 2018 DOCKET NUMBER: AR20160009670 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: 31 July 2018 DOCKET NUMBER: AR20160009670 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: 31 July 2018 DOCKET NUMBER: AR20160009670 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Bronze Star Medal and Combat Infantryman Badge. 2. He states that he held military occupational specialty (MOS) 11C (indirect fire infantryman) while assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 32nd Armor, 3rd Air Defense. During combat he witnessed two friends being killed by friendly fire and he was held beyond his expiration of term of service (ETS) due to the war. When he returned to Germany, the Personnel Assistance Center (PAC) was still located in Kuwait, so his records were not completed correctly to include these awards like the rest of his mortar platoon. He earned the Combat Infantryman Badge and receiving the award will assist with his disability claim. 3. He provides his DD Form 214 for the period ending 19 June 1991. 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 military records are not available to the Board for review. An exhaustive search was undertaken to locate the applicant’s service records and, unfortunately, they could not be found. However, the applicant has provided a DD Form 214 which is sufficient to address his request. 3. The applicant’s DD Form 214 shows he enlisted in the Regular Army on 1 September 1987. At the time of his separation, he: * held MOS 11C and the rank/grade of specialist/E-4 * was assigned to HHC,4th Battalion, 32nd Armor Regiment, U.S. Army Europe * had served in Southwest Asia from 30 December 1990 to 20 May 1991 4. He was honorably released from active duty on 19 June 1991. His DD Form 214 shows he completed 3 years, 9 months, and 19 days of active service. It also shows he was awarded or authorized: * Army Service Ribbon * Good Conduct Medal * Army Achievement Medal * Army Commendation Medal * Overseas Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar 5. His record is void of orders awarding him the Bronze Star Medal or the Combat Infantryman Badge. REFERENCES: Army Regulation (AR) 600-8-22 (Military Awards) provides for the following awards: a. The Bronze Star Medal is awarded in time of war for heroism and for meritorious achievement or service. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required. b. The Combat Infantryman Badge is awarded after meeting three requirements. 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. DISCUSSION: 1. The applicant’s complete service record is not available for review. His DD Form 214 shows he served on active duty from 1 September 1987 to 19 June 1991 with deployment to Southwest Asia from 30 December 1990 to 20 May 1991. 2. The available records do not contain the orders that awarded him the Bronze Star Medal. The governing Army regulation states formal recommendations, approval through the chain of command, and announcement in orders are required for personal decorations, which include the Bronze Star Medal. 3. There are three requirements for award of the Combat Infantryman Badge: 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. 4. The applicant’s infantry MOS and his service in Southwest Asia are not in question. However, there is no evidence the applicant was assigned to an infantry unit in Southwest Asia (his DD Form 214 shows, at the time of separation, he was assigned to an armor unit, not an infantry unit) during such time the unit was engaged in active ground combat, and/or that he actively participated in such ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160009670 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160009670 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2