IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160004652 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x____ ____x___ ___x____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160004652 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. _____________x____________ CHAIRPERSON 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. IN THE CASE OF: BOARD DATE: 19 October 2017 DOCKET NUMBER: AR20160004652 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (if any). THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests award of the Combat Infantryman Badge (CIB) instead of the Combat Action Badge (CAB). 2. The applicant states he received the CAB for his actions while serving in Iraq in support of Operation Iraqi Freedom in 2006/2007 instead of the CIB. His military occupational specialty (MOS) was 11C (indirect fire infantryman). Since 99 percent of the recipients were not infantry, everyone received CABs. He was told the badge would be fixed when he got back to Fort Riley, but his unit split up when they got back to the States, his contract expired, and he was honorably discharged. This has bothered him that it has not been officially corrected. 3. The applicant provides no additional evidence. 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 3 February 2005 for a period of 3 years and 19 weeks. He completed his training and was awarded MOS 11C. 3. He served in Kuwait/Iraq in support of Operation Iraqi Freedom from 18 September 2006 to 10 October 2007. 4. His records contain an Army Commendation Medal Certificate, dated 2 June 2007, showing he was awarded the Army Commendation Medal for meritorious service while assigned to the 15th Sustainment Brigade in support of Operation Iraqi Freedom during the period 20 September 2006 to 3 September 2007. This certificate shows his unit as Company C, 1st Battalion, 34th Armor Regiment, 867th Corps Support Battalion. 5. Section VIII (Awards and Decorations) of his Enlisted Record Brief does not show he was awarded the CAB or CIB. 6. On 14 June 2008, he was honorably released from active duty. 7. His DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the CAB or CIB as authorized awards. 8. There are no orders for the CAB or CIB in his records. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes 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 CIB: (1) be an infantryman satisfactorily performing infantry duties, (2) be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. A recipient must be personally present and under hostile fire 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. b. The requirements for award of the CAB are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the CIB or the Combat Medical Badge. Award of the CAB is authorized for qualifying service in support of Operation Iraqi Freedom from 19 March 2003 to 31 August 2010. Subsequent award of the CAB is not authorized for the same qualifying period. DISCUSSION: 1. The applicant requests award of the CIB instead of the CAB. Although he contends he was awarded the CAB, there is no evidence showing he was, in fact, awarded the CAB. 2. The regulation governing award of the CIB clearly establishes the criteria for this award. 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. 3. The evidence of record shows he held duty MOS 11C and he was assigned to Company C, 1st Battalion, 34th Armor Regiment, 867th Corps Support Battalion, 15th Sustainment Brigade, during his service in Kuwait/Iraq in support of Operation Iraqi Freedom. 4. There is no evidence he was assigned to a qualifying infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period the unit was engaged in active ground combat and that he actively participated in such ground combat. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160004652 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160004652 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2