ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS

                  IN THE CASE OF:

                  BOARD DATE:  31 January 2019 

                  DOCKET NUMBER:  AR20160012832

APPLICANT REQUESTS: correction his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect he was awarded the Combat Infantryman Badge (CIB). 

APPLICANT’S SUPPORTING DOCUMENT CONSIDERED BY THE BOARD:

DD Form 149 (Application for Correction of Military Records).  

FACTS: 

1.  The applicant did not file within the three year time frame provided in Title 10, U.S. Code, section 1552 (b); however, the Army Board for Correction of Military Records 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 he was issued the CIB and wore the badge while in service.  

3.  The applicant entered active duty on 7 June 1989.  According to his DD Form 214, he was awarded the Military Occupational Specialty (MOS) 11M (Fighting Vehicle Infantryman).  His DA Form 2-1 (Personnel Qualification Record - Part II), shows he served in Kuwait and Korea and was assigned to several infantry units throughout his career.  

4.  He was credited 1 year, 3 months and 9 days of foreign service time and was honorably released from active duty on 14 March 1997.

5.  A review of his Official Military Personnel File failed to reveal orders or other evidence indicating he was awarded the CIB.
6.  AR 600-8-22 provides that the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.



BOARD DISCUSSION: 
The Board considered the applicant’s request with all supporting documents, evidence in the service record and applicable policies and guidance.  Though the applicant was an Infantryman and served in several infantry units throughout his career, there is no supporting evidence he engaged in active ground combat as required for the CIB.  Based on the applicant not meeting all criteria for the CIB, the Board finds relief is not warranted.

BOARD VOTE:

Member 1	Member 2	Member 3
:	      :	     	Full Grant 
:	      :	      :	Partial Grant 
:	      :	      :	Formal Hearing Grant 
X	  X	  X	Deny
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.
ADMINISTRATIVE NOTE:  N/A


REFERENCES:

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.

2.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have 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.  

ABCMR Record of Proceedings (cont)	AR20160012832	 	

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