RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 11 March 2008 DOCKET NUMBER: AR20070016279 I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual. Ms. Catherine C. Mitrano Director Mrs. Nancy L. Amos Analyst The following members, a quorum, were present: Mr. Frank C. Jones Chairperson Ms. Carmen Duncan Member Mr. Scott W. Faught Member The Board considered the following evidence: Exhibit A - Application for correction of military records. Exhibit B - Military Personnel Records (including advisory opinion, if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge. 2. The applicant states he was an infantryman with the 1st Cavalry Division in Vietnam. He served his country as a combat infantry Soldier in Vietnam and earned the Combat Infantryman Badge. 3. The applicant provides two DD Forms 214 (his original Armed Forces of the United States Report of Transfer or Discharge and a reissued Certificate of Release or Discharge from Active Duty) and one page from his DA Form 20 (Enlisted Qualification Record). CONSIDERATION OF EVIDENCE: 1. Title 10, U.S. Code, 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 Army Board for Correction of Military Records (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. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 16 April 1971. He completed basic combat training and advanced individual training and was awarded military occupational specialty 11B (Light Weapons Infantryman). 3. The applicant arrived in Vietnam and was assigned to Company B, 1st Battalion, 327th Infantry (101st Airborne Division) on 3 October 1971 where he performed duties as a rifleman. He departed the unit on 28 December 1971, with conduct and efficiency ratings of “excellent.” 4. The applicant was assigned to the 2d Battalion, 8th Cavalry, 3d Brigade (Separate), 1st Cavalry Division on 8 January 1972. 5. On 24 January 1972, the applicant admitted himself for treatment at the Drug Rehabilitation Center to quit a heroin habit. 6. The applicant departed Vietnam on 31 March 1972. 7. On 26 April 1972, the applicant was discharged. His reissued DD Form 214 shows he was awarded the National Defense Service Medal, the Vietnam Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle bar, and the Expert Qualification Badge with Grenade bar. 8. Army Regulation 600-8-22 (Military Awards) provides for award of the Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and who actively participates in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. DISCUSSION AND CONCLUSIONS: 1. There is insufficient evidence of record to show that the applicant actively participated in ground combat or satisfactorily performed infantry duties while he was assigned to the 1st Cavalry Division. He was assigned to the 2d Battalion, 8th Cavalry, 3d Brigade (Separate), 1st Cavalry Division on 8 January 1972, and he admitted himself for treatment at the Drug Rehabilitation Center on 24 January 1972 to quit a heroin habit. 2. There is insufficient evidence of record to show that the applicant actively participated in ground combat during the time (less than 3 months) that he was assigned to the 1st Battalion, 327 Infantry. 3. Therefore, there is insufficient evidence to show that the applicant met the eligibility criteria for award of the Combat Infantryman Badge. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING __fcj___ __cd____ __swf___ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. ____Frank C. Jones____ CHAIRPERSON INDEX CASE ID AR2000016279 SUFFIX RECON DATE BOARDED YYYYMMDD TYPE OF DISCHARGE DATE OF DISCHARGE DISCHARGE AUTHORITY DISCHARGE REASON BOARD DECISION (NC, GRANT , DENY, GRANT PLUS) REVIEW AUTHORITY ISSUES 1. 107.0056 2. 3. 4. 5. 6.