BOARD DATE: 1 August 2018 DOCKET NUMBER: AR20160018164 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: 1 August 2018 DOCKET NUMBER: AR20160018164 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: 1 August 2018 DOCKET NUMBER: AR20160018164 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 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB). 2. The applicant states he served in military occupational specialty (MOS) 11C (Indirect Fire Infantryman) in combat in Southwest Asia from 26 August 1990 to 23 March 1991. He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 15th Infantry, while participating in Operation Desert Shield/Desert Storm. 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 15 August 1989 for a period of 2 years. He completed his training and was awarded MOS 11C. 3. His DA Form 2-1 (Personnel Qualification Record – Part II) shows: * he served in Southwest Asia from 26 August 1990 to 23 March 1991 * no award of the CIB 4. On 14 August 1991, he was honorably released from active duty for expiration term of service. 5. His DD Form 214 does not show the CIB as an authorized award. 6. His DD Form 214 shows his last duty assignment and major command as Headquarters and Headquarters Company, 3rd Battalion, 15th Infantry, U.S. Army Forces Command. 7. There are no orders for the CIB in the available records. REFERENCES: Army Regulation 600-8-22 (Military Awards), paragraph 8-6, provides that 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. DISCUSSION: 1. The applicant contends he earned the CIB, but it is not listed on his DD Form 214. 2. The governing regulation for 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. Although he held duty MOS 11C and was assigned to Headquarters and Headquarters Company, 3rd Battalion, 15th Infantry, in Southwest Asia, there is no evidence showing he was assigned to this unit during such time as 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) AR20160018164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160018164 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2