IN THE CASE OF:  

		BOARD DATE:  19 September 2018

		DOCKET NUMBER:  AR20170001436


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:  19 September 2018

		DOCKET NUMBER:  AR20170001436


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:  19 September 2018

		DOCKET NUMBER:  AR20170001436


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.

2.  He states this award is not listed on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).

3.  He provides his DD Form 214 for the period ending on 27 May 1971.

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 28 May 1969.  He was trained in and awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).
3.  His DA Form 20 (Enlisted Qualification Record) shows he served in Vietnam from 16 December 1969 to 22 October 1970.  Item 41 (Awards and Decorations) does not show award of the CIB.

4.  His record contains a DA Form 2658 (Health Record-Abstract of Service) which shows that he was assigned to Company D, 3rd Battalion, 187th Infantry, Vietnam.

5.  There is no evidence in the available record that shows he was recommended for or awarded the Combat Infantryman Badge.

6.  There is no evidence in the available record that shows the applicant was personally present and participated with a qualifying infantry unit while the unit was engaged in active ground combat with enemy forces.

7.  On 27 May 1971, the applicant was released from active duty.

REFERENCES:

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.

DISCUSSION:

By regulation, in order to support award of the CIB, there must not only be evidence that a member served in an infantry MOS, while assigned to an infantry unit, but the individual must have been present and participated with the unit while it was engaged in active ground combat with enemy forces.  Without evidence that he engaged in active ground combat with the enemy, he does not meet the criteria 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)	AR20170001436



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 1

ABCMR Record of Proceedings (cont)	AR20170001436



2

ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



Enclosure 2