IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20160016738 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: 19 September 2018 DOCKET NUMBER: AR20160016738 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: 19 September 2018 DOCKET NUMBER: AR20160016738 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). 2. The applicant states: a.  He served with the 3d and 4th Battalions, 41st Infantry Division. b.  He served in the Gulf War with 3d Battalion, 41st Infantry Division, from Fort Hood, Killeen, TX, from October 1990 to April 1991. c.  He received his CIB along with all his combat buddies in the sand in the Middle East. The CIB was presented to him by his First Sergeant, J___ E___, and Company Commander, M___ K___. d.  He is trying to receive Department of Veterans Affairs compensation for his service in the Gulf War. e.  The CIB was awarded to his company, Company C, in Kuwait, and once they returned to the Continental United States, they had the choice to either reenlist or clear the military. Within 10 days after arriving back on ground, he clear out. He believes this is how the error on his DD Form 214 occurred. 3. The applicant provides three photographs. 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 9 February 1988. He completed training and he was awarded military occupational specialty (MOS) 11M (Flight Vehicle Infantryman) on 27 May 1988. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows in: * item 5 (Oversea Service) – Saudi Arabia from 9 October 1990 through 17 April 1991 * item 6 (MOS) – Primary MOS 88M (Motor Transportation Operator) on 28 December 1995 and Secondary MOS 11M10 (Flight Vehicle Infantryman) on 27 May 1988 * item 9 (Awards, Decorations, and Campaigns) – * Army Service Ribbon * National Defense Service Medal * Army Good Conduct Medal * Army Reserve Component Achievement Medal * Army Achievement Medal (2nd Award) * Driver and Mechanic Badge with Driver-W Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) 4. On 1 May 1991, he was honorably released from active duty. His DD Form 214 shows he served in Southwest Asia from 9 October 1991 to 17 April 1991 and in: a.  item 11 (Primary Specialty) – 11M10, Fighting Vehicle Infantryman, 2 years, 11 months and b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Sharpshooter Marksmanship Qualification Badge * Marksman Marksmanship Badge with Rifle Bar * Army Lapel Button 5. On 20 June 2012, the Assistant Chief, Awards and Decorations Branch, U.S. Army Human Resources Command, advised him they were unable to verify his entitlement to award of the CIB. The applicant was advised to provide additional documentation substantiating his entitlement to award of the CIB. There is no evidence indicating he responded to the request for additional information. 6. The applicant provided three photographs in which he indicated was: a.  a photo of himself in the Kuwait desert during the Gulf War from 1990 to 1991, b.  a photograph of himself during down time in Saudi air hangars with combat buddies, Private First Class P___ and Specialist M___ S___, whom he is still good friends with today and they live in Houston, TX, and c.  a photograph of himself and five others in which he indicated was his third day of rest and recuperation at a resort in Saudi Arabia after the Gulf War. 7. His records are void of orders awarding him the CIB or evidence that he or his unit participated in active ground combat with the enemy. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The CIB 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. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. DISCUSSION: 1. The applicant contends he was awarded the CIB, along with his combat buddies by his first sergeant and company commander, and this badge is not listed on his DD Form 214. 2.  In accordance with Army Regulation 600-8-2, in order to support award of the CIB, there must be evidence that the member held and served in a qualifying infantry MOS, that he served in a qualifying infantry unit, and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with hostile forces. 3. The Awards and Decorations Branch, U.S. Army Human Resources Command, requested he provide additional documentation substantiating his claim for award of the CIB. There is no indication he responded to this request. 4. His records are void of orders awarding him the CIB and evidence that he or his unit participated in active ground combat with the enemy. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016738 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016738 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2