IN THE CASE OF: BOARD DATE: 15 August 2018 DOCKET NUMBER: AR20160012147 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: 15 August 2018 DOCKET NUMBER: AR20160012147 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: 15 August 2018 DOCKET NUMBER: AR20160012147 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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show award of the Combat Infantryman Badge (CIB). 2. The applicant states he earned the CIB while in the service and would like it added to his DD Form 214. 3. The applicant provides a letter from the National Personnel Records Center, dated 16 July 2004. 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 was inducted into the Army of the United States on 3 February 1971. He completed his training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman). 3. His DA Form 20 (Enlisted Qualification Record) shows: * he served in duty MOS 11B (Light Weapons Infantryman) while assigned to the 11th Combat Aviation Group in Vietnam from 27 January 1972 to 13 August 1972 * no CIB in item 41 (Awards and Decorations) 4. On 2 February 1973, he was honorably released from active duty. 5. His DD Form 214 does not show the CIB as an authorized award. 6. There are no orders for the CIB in the available records. 7. He provided a letter from the National Personnel Records Center, dated 16 July 2004, showing his entitlement to the first award of the CIB. REFERENCES: Army Regulation 600-8-22 (Military Awards) states a Soldier must meet the following three requirements for award of the CIB: (1) he must be an infantryman satisfactorily performing infantry duties, (2) he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and (3) he must actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB. DISCUSSION: 1. The applicant contends he earned the CIB, but it is not listed on his DD Form 214. 2. The letter he provided from the National Personnel Records Center indicating he was entitled to the CIB was carefully considered. 3. Army Regulation 600-8-22 clearly establishes the criteria for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. 4. The evidence shows he held an infantry MOS and was assigned to an aviation group during his assignment in Vietnam. 5. There is no evidence showing he was assigned to an infantry unit during his assignment in Vietnam. 6. There is no evidence showing he met the criteria for award of the CIB. //NOTHING FOLLOWS// ABCMR Record of Proceedings Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012147 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012147 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2