ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF: 

	BOARD DATE:  27 January 2020

	DOCKET NUMBER:  AR20190009049


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).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

*	DD Form 149 (Application for Correction of Military Record), dated 12 August 
2018
*	DD Form 214 for the period ending 24 February 1992
*	letter, National Personnel Records Center, dated 8 May 2019

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 (ABCMR) 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 states the CIB was accidentally left off his DD Form 214.  It was 
pinned on him during Operation Desert Storm.  All infantry Soldiers received this 
award in his unit.

3.  On 23 February 1989, he enlisted in the Regular Army.

4.  He served in Southwest Asia from 2 January 1991 to 19 May 1991.

5.  Headquarters, U.S. Army Infantry Training Center, One Station Unit Training, 
Fort Benning, Orders 86-2, dated 5 May 1989, awarded him military occupational 
specialty (MOS) 11H (Heavy Antiarmor Weapons Infantryman).

6.  On 24 February 1992, he was honorably released from active duty.  His 
DD Form 214 shows in:

	a.  item 11 (Primary Specialty) – his MOS as 11H, Heavy Anitarmor Weapons 
Infantryman.


	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons 
Awarded or Authorized) – he was awarded or authorized the:

*	Army Good Conduct Medal
*	National Defense Service Medal
*	Army Service Ribbon
*	Overseas Service Ribbon
*	Southwest Asia Service Medal with two bronze service stars
*	Expert Marksmanship Qualification Badge with Grenade Bar
*	Sharpshooter Marksmanship Qualification Badge with Tank Weapons Bar 
(M901 Improved Tube Optical Wire (TOW) Vehicle (ITV))
*	Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)

7.  His records are void of orders showing he was awarded the CIB.

8.  The CIB is awarded to infantry or special forces officers and enlisted and warrant 
officer persons who have an infantry or special forces MOS.  They must have served 
in active ground combat while assigned or attached to an infantry, ranger, or special 
forces unit of brigade, regimental, or smaller size.  Specifically, a recipient must be 
personally present and under hostile fire while serving in an assigned infantry or 
special forces primary duty in a unit actively engaged in ground combat with the 
enemy.


BOARD DISCUSSION:

The Board reviewed the application, the applicant's statement, supporting 
documents, the applicant's service record, and the criteria for award of the CIB.  The 
Board noted that to be awarded the CIB, a Soldier must be personally present and 
under hostile fire while serving in an assigned infantry or special forces primary duty 
in a unit actively engaged in ground combat with the enemy.  The Board agreed that 
there is insufficient evidence available to confirm that the applicant met these criteria 
during his service in Southwest Asia in support of Operation Desert Storm.  By a 
preponderance of the evidence, the Board determined there is an insufficient basis 
upon which to grant the requested relief.  


BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:x	:x	:x	DENY APPLICATION


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.

	  
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 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) prescribes Army policy, criteria, and 
administrative instructions concerning individual and unit military awards.  
The CIB is awarded to infantry or special forces officers and enlisted and warrant 
officer persons who have an infantry or special forces MOS.  They must have served 
in active ground combat while assigned or attached to an infantry, ranger, or special 
forces unit of brigade, regimental, or smaller size.  Specifically, a recipient must be 
personally present and under hostile fire while serving in an assigned infantry or 
special forces primary duty in a unit actively engaged in ground combat with the 
enemy.  The unit in question must be a brigade, regiment, 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.  Personnel with other than an infantry or 
special forces MOS are not eligible, regardless of the circumstances.

//NOTHING FOLLOWS//

ABCMR Record of Proceedings (cont)	 AR20190009049

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