DEPARTMENT OF THE ARMY ARMY BOARD FOR CORRECTION OF MILITARY RECORDS 251 18TH STREET SOUTH, SUITE 385 ARLINGTON, VA 22202-3531 SAMR-RBA 28 June 2023 MEMORANDUM FOR Case Management Division, Army Review Boards Agency, 251 18th Street South, Suite 385, Arlington, VA 22202-3531 SUBJECT: Army Board for Correction of Military Records Record of Proceedings for, AR20220001749 Reference the attached Army Board for Correction of Military Records Record of Proceedings in which the Board recommended granting the applicant’s request. I have reviewed the evidence presented, findings, conclusions, and Board member recommendations. Based upon the lack of evidence showing the applicant was involved in ground combat, I overturn the Board’s recommendation. The application submitted by the individual concerned is denied. However, the administrative notes in the Record of Proceedings should be corrected no later than 4 December 2023. BY ORDER OF THE SECRETARY OF THE ARMY: ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: . BOARD DATE: 5 October 2022 DOCKET NUMBER: AR20220001749 APPLICANT REQUESTS: * Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 8 December 2008, to show award of the Combat Infantryman Badge * A personal appearance before the Board APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214, dated 8 December 2008 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR200900 on 21 January 2010. 2. Sufficient evidence is contained in the applicant's records to administratively correct his DD Form 214 to show award of the following awards without Board action. * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) 3. The applicant states that he was awarded the Combat infantryman Badge in a mass order with his unit in Spring 1991, but the award was never added to his DD Form 214. He was assigned to Headquarters and Headquarters Company, 1st Battalion, 18th Infantry Regiment, 197th Infantry Brigade. His two roommates, C_ L_ and K_ H_, were on the same orders and they both received their awards. 4. The applicant's service record shows: a. On 23 August 1989, the applicant enlisted in the Regular Army. b. DA Form 2-1 (Personnel Qualification Record) shows in: (1) Item 5 (Oversea Service) – service in Southwest Asia from 3 September 1990 to 29 March 1991. (2) Item 6 (Military Occupational Specialties (MOS)) – the applicant's Primary MOS was 11B (Infantryman). (3) Item 9 (Awards, Decorations and Campaigns) – * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Lapel Button * Army Achievement Medal with First Oak Leaf Cluster * Noncommissioned Officer Professional Development Ribbon * Army Reserve Components Achievement Medal * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar c. DD Form 214, ending on 22 August 1991, shows the applicant was honorably released from active duty. (1) Item 11 (Primary Specialty) – 11B (Infantryman). (2) Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Lapel Button * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar d. On 30 December 1993, the applicant enlisted in the Army National Guard of the United States. e. National Guard Bureau Form 22 (Report of Separation and Record of Service), ending on 26 June 2000, shows the applicant was honorably discharged from the Indiana Army National Guard. Item 15 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded) – * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Lapel Button * Army Achievement Medal with First Oak Leaf Cluster * Noncommissioned Officer Professional Development Ribbon * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Expert Marksmanship Qualification Badge with Grenade Bar f. DD Form 214, ending on 8 December 2008, shows the applicant was honorably released from active duty. (1) Item 11 (Primary Specialty) – 11B (Infantryman). (2) Item 12c (Net Active Service This Period) – 0 year, 11 months, and 29 days. (3) Item 12f (Foreign Service) – 0 years, 8 months, and 13 days. (4) Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Commendation Medal * Army Achievement Medal with First Oak Leaf Cluster * Army Reserve Components Achievement Medal with First Oak Leaf Cluster * National Defense Service Medal with one bronze service star * Southwest Asia Service Medal with one bronze service star * Global War on Terrorism Service Medal * Iraq Campaign Medal with one bronze service star * Noncommissioned Officer Professional Development Ribbon with Numeral 1 * Overseas Service Ribbon * Armed Forces Reserve Medal with "M" Device * Armed Forces Reserve Medal with 10-year Device g. On 21 January 2010 and in ABCMR Docket Number AR2009001, the ABCMR denied the applicant's request for award of the Combat Infantryman Badge citing that his records are void of orders awarding the Combat Infantryman Badge. In addition, there was no evidence showing he was personally present and under hostile fire while assigned to an infantry unit that was actively engaged in ground combat with the enemy. h. The available evidence is void of orders awarding the applicant the Combat Infantryman Badge. The applicant states that his entire unit was awarded the CIB through a mass order for HHC 1/19 Inf, 197th Brigade in spring of 1991. BOARD DISCUSSION: 1. The applicant's request for a personal appearance was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance before the Board is not necessary to serve the interest of equity and justice in this case 2. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board determined that relief was warranted. The Board carefully considered the applicant's contentions, the military record, and regulatory guidance. One possible outcome was to deny relief as his record is void orders showing he was awarded the CIB or otherwise met regulatory guidance for the award. However, the majority of Board members concluded that given his period service and awards received, it was more than likely he was on a mass order for the award. One Board member determined the evidence presented insufficient to show that the applicant met regulatory requirements, specifically that his unit received the award through a mass order, and determined relief was not warranted. 3. Prior to closing the case, the Board determined that the applicant was eligible for an award not otherwise requested. Based on the documentation available for review, the Board found that as he received "excellent" conduct and efficiency ratings throughout his service and, in the absence of evidence that would otherwise make him ineligible, his record should be corrected show the award of the Army Good Conduct Medal. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented sufficient to warrant amendment of the ABCMR's decision in Docket Number AR2009001 on 21 January 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected to show he was awarded the Combat Infantry Badge for the period 22 August 1991. 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 from the subject individual to correct his DD Form 214, for the period ending 8 December 2008, by adding the following awards: * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Army Good Conduct Medal 2. A review of the records listed below (enclosed) is sufficient to substantiate correction of the DD Form 214 without action by the Board. * DA Form 2-1 * DD Form 214, 22 August 1991 * Army Regulation 600-8-22 3. Please correct the applicant's DD Form 214 by adding the decorations shown in paragraph 1 above and provide the applicant a copy of the corrections. Please ensure that the corrections are recorded 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) 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. 3. AR 600-8-22 (Military Awards) provides Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. A Soldier must meet the following three requirements for award of the Combat Infantryman Badge: * be an infantryman satisfactorily performing infantry duties; * be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and * actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge. b. Award of the Combat Infantryman Badge is authorized for the following qualifying wars, conflicts, and operations: * World War II – 7 December 1941 to 3 September 1945 * Korean War – 27 June 1950 to 27 July 1953 * Vietnam Conflict – 2 March 1961 to 28 March 1973 – combined with qualifying service in Laos – 19 April 1961 to 6 October 1962 * Dominican Republic – 28 April 1965 to 1 September 1966 * Korea (along the Demilitarized Zone) – 4 January 1969 to 31 March 1994 * El Salvador – 1 January 1981 to 1 February 1992 * Grenada – 23 October to 21 November 1983 * Joint Security Area, Panmunjom, Korea – 23 November 1984 * Panama – 20 December 1989 to 31 January 1990 * Southwest Asia Conflict – 17 January to 11 April 1991 * Somalia – 5 June 1992 to 31 March 1994 * Afghanistan (Operation Enduring Freedom) – 5 December 2001 to a date to be determined * Iraq (Operation Iraqi Freedom) – 19 March 2003 to a date to be determined //NOTHING FOLLOWS//