IN THE CASE OF: BOARD DATE: 25 May 2021 DOCKET NUMBER: AR20200009642 APPLICANT REQUESTS: to be awarded the Combat Infantryman Badge. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 20 December 2003 * DD Form 215 (Correction to DD Form 214), dated 23 October 2017 FACTS: 1. The applicant did not file within the three-year time frame provided in Title 10, United States Code (USC), section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states that the Combat Infantryman Badge was not implemented until after he was discharged in 2003 and he would like to be awarded the badge. 3. A review of the applicant's available service records reflects the following: a. On 20 October 1999, the applicant enlisted in the Regular Army and completed One Station Unit Training in Military Occupational Specialty (MOS) 12B (Combat Engineer). b. DA Form 2-1 (Personnel Qualification Record), item 5 (Oversea Service) is void of an entry. c. On 20 October 2003, Headquarters U.S. Infantry Center, Fort Benning, GA, issued Orders Number 293-2254 reassigning the applicant to the transition point pending his release from active duty on 20 December 2003. d. On 20 December 2003, the applicant was honorably discharged from active duty and transferred into a Troop Program Unit (TPU) within the U.S. Army Reserve. DD Form 214 reflects 1 year, 1 month, and 1 day of foreign service (Service in Kuwait from 1 May 2002 – 25 November 2002 and service in Kuwait/Iraq from 5 January 2003 – 10 July 2003) and the following authorized decorations, medals and badges: * Army Achievement Medal * Presidential Unit Citation (Army-Air Force) * National Defense Service Medal * Armed Forces Expeditionary Medal * Army Lapel Button * Army Service Ribbon * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle Bar e. On 23 October 2017, the applicants DD Form 214 ending on 20 December 2003, was corrected by the issuance of a DD Form 215 reflective of the addition the following awards: * Army Good Conduct Medal * Global War on Terrorism Service Medal * Global War on Terrorism Expeditionary Medal * Iraq Campaign Medal with two Bronze Service Stars 4. The applicant did not provide nor does review of his available personnel records reflect training and or subsequent duty performed within any 11 or 18 series Career Management Field (CMF)/MOS. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board found that relief was not warranted. The applicant’s contentions, military record, and regulatory guidance were carefully considered. Based on the documentation available for review, there is no evidence that the applicant met the requirements for or held either of the requested MOS. As the burden of proof lies the applicant, the Board found the evidence presented insufficient evidence of an error or injustice that would warrant relief. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION 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. 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. REFERENCES: 1. Title 10, USC, 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 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 (AR) 600-8-22 (Military Awards) in effect at the time states for award of the Combat Infantryman Badge a Soldier must meet the following three requirements: (1) Soldier must be an Army infantry or Special Forces (SF) Officer with an 11 or 18 series CMF or Area of Concentration (AOC) in the grade of Colonel or below, or an Army Enlisted Soldier or Warrant Officer with an infantry or SF MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or SF unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (2) Be assigned to an infantry unit during such time as the unit is engaged in active ground combat. (3) Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the Combat Infantryman Badge 3. Army Regulation (AR) 15-185 (ABCMR) paragraph 2-9 states the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20200009642 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1