BOARD DATE: 11 July 2018 DOCKET NUMBER: AR20160016860 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: 11 July 2018 DOCKET NUMBER: AR20160016860 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: 11 July 2018 DOCKET NUMBER: AR20160016860 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). 2. The applicant states the CIB was not listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 3. The applicant provides: * DD Form 214 * 2 DA Form 67-9 (Officer Evaluation Report) * DA Form 638 (Recommendation for Award) * DA Form 4037 (Officer Record Brief) 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 appointed as a Reserve commissioned officer in the Army of the United States on 9 January 2000. 3. He entered active duty as an infantry officer in the U.S. Army Reserve on 15 February 2000. 4. The applicant served in Iraq for the period 2 April 2003 through 27 March 2004, with Headquarters and Headquarters Company, 1st Battalion (Mechanized), 22nd Infantry Regiment, Tikrit, Iraq. Evidence shows he served briefly as a mortar platoon leader and primarily as the brigade S1. 5. On 31 January 2005, the applicant was honorably released from active duty and he was transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining Reserve obligation. He completed 4 years, 11 months, and 16 days of net active service during this period. The DD Form 214 he was issued at the time does not show award of the CIB. 6. His records do not contain any orders or evidence and the applicant does not provide sufficient evidence that would support award of the CIB. 7. The applicant provides copies of his Officer Evaluation Reports and Bronze Star Medal from his service in Iraq. He does not provide any evidence that shows he was personally present and under hostile fire while serving in an infantry unit actively engaged in ground combat with the enemy and that he actively participated in such ground combat. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) 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. 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. A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. 2. Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. Paragraph 2-9 contains guidance on the burden of proof. It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. DISCUSSION: 1. There are 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. 2. In this case, there are no orders on file and he provides none to show he was awarded the CIB. His infantry occupational specialty and his service in Iraq are not in question. However, there is no evidence of record and he provides none to show he was actively present and assigned to an infantry unit while the unit engaged in active 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) AR20160016860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016860 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2