BOARD DATE:  17 July 2018

		DOCKET NUMBER:  AR20160015194


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



		
		BOARD DATE:  17 July 2018

		DOCKET NUMBER:  AR20160015194


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.



		
		BOARD DATE:  17 July 2018

		DOCKET NUMBER:  AR20160015194


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) for 
service in Operation Iraqi Freedom (OIF).

2.  The applicant states he was sent home from his deployment prior to the 
remainder of his unit due to his upcoming expiration of term of service.  He 
transitioned out of the Army prior to receiving the CIB for his service in military 
occupational specialty (MOS) 11B (Infantryman).

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge 
from Active Duty).

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 Amy on 16 January 2001 and he held 
MOS 11B.  He was deployed and served in Kuwait/Iraq from 8 September to 
29 October 2003.

3.  He was honorably released from active duty on 15 January 2004, for 
completion of required active service.  His DD Form 214 does not list the CIB.

REFERENCE:

Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures 
for military awards.  The regulation states there are basically three requirements 
for award of the CIB.  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.  The CIB is awarded for the Global War on 
Terrorism (18 September 2001 to a date to be determined), to include OIF.  
Qualified Soldiers must have been personally present and participated in the 
combat operations.

DISCUSSION:

1.  The applicant's service in Iraq in an infantry MOS is not in question.  However, 
there is no evidence in the available records that shows he was personally 
present performing his assigned infantry duties while his unit was actively 
engaged in ground combat with the enemy.  

2.  By regulation, a 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 for award of the CIB.  

//NOTHING FOLLOWS//
ABCMR Record of Proceedings		                                       AR20150000953


Enclosure 1
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


		
ABCMR Record of Proceedings (cont)	AR20160015194


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 1
ABCMR Record of Proceedings (cont)	AR20160015194


2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


Enclosure 2