IN THE CASE OF:  

		BOARD DATE:  10 August 2020

		DOCKET NUMBER:  AR20190015671


APPLICANT REQUESTS: Correction of his record to show he was awarded the 
Combat Infantryman Badge.

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: DD 
Form 149 (Application for Correction of Military Record).

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 he was awarded the Combat Infantryman Badge in Iraq, and it 
is not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  
He would like it listed, or some sort of certification that he did receive it.  He has the 
badge on his uniform.  He earned it by serving time in battle and now has no proof that 
it was awarded.  

3.  A review of the applicant's official records shows the following:

	a.  On 30 August 1989, the applicant enlisted in the Regular Army.

	b.  A DA Form 2-1 (Personnel Qualification Record) shows in:

		(1)  Item 5 (Oversea Service) – Saudi Arabia from 29 August 1990 – 6 April 
1991.

	(2)  Item 9 (Awards, Decorations and Campaigns) – no entry for the Combat 
Infantryman Badge.

	(3)  Item 35 (Record of Assignments) – the applicant was assigned to                      
E Company, 3rd Battalion, 15th Infantry.

	c.  On 26 March 1992, the applicant was discharged by reason of unsatisfactory 
performance.  He completed 2 years, 6 months, and 27 days of net active service.  His 
DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons 
Awarded or Authorized), shows he was awarded or authorized:

*	Army Service Ribbon
*	National Defense Service Medal
*	Southwest Asia Service Medal with 2 bronze service stars
*	Kuwait Liberation Medal
*	Expert Marksmanship Qualification Badge with Rifle and Grenade Bar

	d.  The applicant's records are void of orders awarding him the Combat Infantryman 
Badge. 

4.  See applicable references below. 

BOARD DISCUSSION:

1.  After reviewing the application and all supporting documents, the Board found that 
relief is not warranted.

2.  The Board noted that there are three basic eligibility criteria 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.  The Board found insufficient evidence showing that he was awarded the 
Combat Infantryman Badge during his deployed service or that he met the all criteria for 
the badge.  In the absence of orders or other documentation confirming he met the 
criteria, the Board determined there is no basis for correcting his record to show this 
badge at this time.  

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

:	:	:	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:XXX	:XXX	:XXX	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 3 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 3-year statute of limitations if the ABCMR determines it would be in the 
interest of justice to do so.

2.  Army Regulation (AR) 15-185 (ABMCR) states in paragraph 2-9 the ABCMR begins 
its consideration of each case with the presumption of administrative regularity.  The 
applicant has the burden of proving an error or injustice by a preponderance of the 
evidence.

3.  AR 635-5 (Separation Documents) in effect at the time prescribes the separation 
documents which are prepared for individuals upon retirement, discharge, or release 
from active military service or control of the Army.  Source documents will consist of the 
DA Form 2-1.  Item 13; entries will be for all periods of service, check the Soldier's 
service records for validity of awards.

4.  AR 600-8-22 (Military Awards) states there are basically 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.  The Combat Infantryman Badge is authorized for 
the Southwest Asia Conflict (17 January to 11 April 1991).

//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190015671


3

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


1