IN THE CASE OF: BOARD DATE: 8 June 2022 DOCKET NUMBER: AR20210016231 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 24 August 1991, to reflect the Combat Infantryman Badge and all authorized awards and citations. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 24 August 1991 * Self-authored letter 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 that his most recently issued DD Form 214 is incorrect as it does not reflect all of his authorized awards, decorations or badges. He argues that other members of his unit were authorized the Combat Infantryman Badge because they were engaged in hostile fire. 3. A review of the applicant's available service records reflects the following: a. On 12 November 1987, the applicant enlisted in the Regular Army to serve as an 11M (Fighting Vehicle Infantryman). b. On or about 5 May 1988, the applicant was assigned to D Company, 1st Battalion 36th Infantry Regiment in Germany. c. On or about 18 June 1990, the applicant was reassigned to A Company, 3rd Battalion, 7th Infantry Regiment, Fort Stewart, GA. d. On 3 August 1990, 5th Battalion, 18th Infantry Regiment issued Permanent Orders Number 27-1 announcing award of the Drivers Badge (Wheeled/Track) to the applicant. e. On 24 August 1991, the applicant was honorably released from active duty and transferred to the Army National Guard (ARNG). DD Form 214, item 18 (Remarks) reflects "Service in Southwest Asia from 26 August 1990 – 23 March 1991"; item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) reflects: * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Marksman Marksmanship Qualification Badge with Grenade Bar f. On 1 October 1992, the applicant was discharged from the OHARNG. 4. The applicant provides a self-authored letter from Mr. , a former member of A Company, 3rd Battalion 7th Infantry Regiment who deployed to the Persian Gulf with the applicant. Mr. provides that the applicant served as a Bradley vehicle driver and provided weapons cover for members of their unit when they engaged an approaching vehicle. He adds that applicant's vehicle was later engaged by a rocket propelled grenade wherein he was required to utilize evasive driving tactics to ensure the safety of both he and the occupying personnel. Mr. also adds that he was awarded the Combat Infantryman Badge on a unit order, however for some reason the applicant's name was not included on that order. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. One potential outcome was to grant relief based on the self-authored letter who was stationed with the applicant and attested to the accounts for award of the CIB. Evidence in the record show the applicant served in the military occupational specialty of 11M (Fighting Vehicle Infantryman) and was assigned to 3rd Battalion 7th Infantry Regiment) during deployment to the Persian Gulf. However, upon review of the applicant’s petition and available military records, the Board determined the documents provided by the applicant was insufficient evidence as an account of the hostile actions during his deployment to the Persian Gulf and did not meet regulatory guidance Therefore, the Board denied relief 2. Prior to closing the case, the Board did note the analyst of record administrative notes below, and recommended the correction is completed to more accurately depict the military service of the applicant. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 X : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : 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. ADMINISTRATIVE NOTE(S): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending August 24, 1991 by adding the Driver Badge (Wheeled/Track). 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * Permanent Orders Number 27-1 * Army Regulation 600-8-22 (Military Awards) 3. Correct the applicant’s DD Form 214 to add the award shown in paragraph 1 above. Provide the applicant with a copy of the correction. Please record the corrections in the applicant’s official military personnel record. 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) 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers and warrant officers who have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, to close with and destroy the enemy with direct fire. 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, to close with and destroy the enemy with direct fire. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210016231 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1