RECORD OF PROCEEDINGS 
IN THE CASE OF: 
BOARD DATE: 24 January 2019 DOCKET NUMBER: AR20170003291 
BOARD VOTE: 

Mbr 1  Mbr 2  Mbr 3  
:  :  :  GRANT FULL RELIEF  
:  :  :  GRANT PARTIAL RELIEF  
:  :  :  GRANT FORMAL HEARING  
:x  :x  :x  DENY APPLICATION  

2 Enclosures 
1. 
 Board Determination/Recommendation 

2. 
 Evidence and Consideration 


RECORD OF PROCEEDINGS 
IN THE CASE OF:  
BOARD DATE: 24 January 2019 DOCKET NUMBER:  AR20170003291 
APPLICANT'S REQUEST AND STATEMENT: 
1. 
 The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show he was awarded the Combat Infantryman Badge (CIB). 

2. 
 The applicant states he received the CIB but it is not shown on his DD Form 214. 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 
1. 
 Application for correction of military records. 

2. 
 Evidence from the applicant’s service record and Department of the Army and 


Department of Defense records and systems: 
• 
DA Form 20 (Enlisted Qualification Record) 

• 
DD Form 214, for the period ending 18 December 1972 


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) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. It states there are basically three requirements for award of the CIB.  The Soldier must have been an infantryman who satisfactorily performed infantry duties, he must have been assigned to an infantry unit during such time as the unit was 


Enclosure 2 
engaged in active ground combat, and he must have actively participated in such ground combat. 
DISCUSSION: 
1. 
While 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 9 March 1971. He completed his initial entry training and was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman). 

3. 
 The applicant's DA Form 20 shows: 

• 
he was advanced to the rank/grade of specialist four (SP4)/E–4 

• 
he qualified at the following levels with the following weapons: 

• 
expert with the M-16 rifle on 4 June 1970 

• 
sharpshooter with the M-16 rifle on 23 April 1971 

• 
sharpshooter with the M-79 grenade launcher on 10 June 1971 



• 
he served in the Republic of Vietnam from on or about 9 August 1971 through on or about 15 June 1972, where he was assigned to Company C, 2nd Battalion, 1st Infantry Regiment during one campaign period 

• 
his conduct and efficiency ratings were excellent, with the exception of one period in which he was rated satisfactory 

• 
he was awarded or authorized the National Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device (1960), and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar 



4. 
The applicant was released from active duty on 18 December 1972. His DD Form 214 shows: 

• 
he was awarded or authorized the National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal with Device (1960), Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, and Expert Marksmanship Qualification Badge with Rifle Bar 

• 
he served in the Republic of Vietnam from on or about 9 August 1971 through on or about 15 June 1972, a period of 10 months and 7 days 



5. 
 There are no orders or other documentation that confirm the applicant was recommended for or awarded the CIB. 

6. 
While the applicant is shown to have been an infantryman, in an infantry unit, performing infantryman duties, there is insufficient evidence that shows he actively participated in ground combat. 


2 
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