ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  18 April 2019

	DOCKET NUMBER:  AR20170008479


APPLICANT REQUESTS:  award of the Combat Infantryman Badge (CIB).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record) dated 6 March 2017
* Witness Statements
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 14 December 1992

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant requests award of the CIB. 

3.  On 3 January 1989, the applicant was inducted into the Army of the United States.  After completing initial entry training, he was awarded military occupational specialty 11B.  On 27 November 1989, he was assigned to duty with the 2nd Battalion, 18th Infantry, Fort Benning, GA.  

4.  His DA Form 2-1 shows in item 5 (Oversea Service) he was deployed to Saudi Arabia from 1 September 1990 through 29 March 1991.

5.  On 14 December 1992, he was honorably released from active duty.  The DD Form 214 he was issued at that time does not show the CIB among his authorized awards.  

6.  The available records do not contain orders awarding him the CIB.

7.   Witness C states that during Operation Desert Shield and Desert Storm he was the Company Commander of Bravo Company, 2nd Battalion, 18th Infantry Regiment.  He states that Bravo Company was engaged in active combat during Operation Desert Storm.  He states all eligible Soldiers of that company were presented with the CIB in April 1991, but the records of several members of the company did not reflect this award.  He states at the time he did not catch the error, but he attests that the applicant satisfactorily performed his infantry duties and was engaged in active combat.  His records should reflect his courageous service to the nation.

8.  Witness C states that during Operation Desert Shield the applicant was assigned to B Company, 2nd Battalion, 18th Infantry Regiment.  He states the applicant was classified as an 11B (Infantryman).  On 25 February 1991 he witnessed the applicant engaging the enemy in small arms fire.

9.  Witness L states he was assigned with the applicant as a gunner with the applicant's platoon.  He states on 25 February 1991 the unit was in formation when they received fire.  All elements of the platoon, to include the applicant, returned fire to suppress the enemy.

10.  Army Regulation 600-8-22 (Military Awards) states for award of the CIB a Soldier must meet the following three requirements:

* Be an infantryman satisfactorily performing infantry duties.
* Assigned to an infantry unit during such time as the unit is engaged in active ground combat.
* Actively participate in such ground combat.

The CIB is authorized for qualifying service in Southwest Asia during the period 17 January to 11 April 1991.  Award of the CIB is announced in orders.

BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board found that relief was warranted.  Based upon the statements from the fellow Soldiers, to include the company commander of the applicant, the Board concluded there was sufficient evidence to show that the applicant was eligible to be awarded the CIB.  For that reason, the Board recommended granting the applicant’s request for relief.  


BOARD VOTE:
Mbr 1	Mbr 2	Mbr 3

X	X	X	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending his DD Form 214 by awarding him the Combat Infantryman Badge.
	 
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.


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states for award of the CIB a Soldier must meet the following three requirements:

* Be an infantryman satisfactorily performing infantry duties.
* Assigned to an infantry unit during such time as the unit is engaged in active ground combat.
* Actively participate in such ground combat.

The CIB is authorized for qualifying service in Southwest Asia during the period 17 January to 11 April 1991.  Award of the CIB is announced in orders.

ABCMR Record of Proceedings (cont)	 AR20170008479


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