IN THE CASE OF: BOARD DATE: 17 January 2023 DOCKET NUMBER: AR20220006587 APPLICANT REQUESTS: to add his second Combat Infantryman Badge (CIB) to his DD Form 214 (Certificate of Release or Discharge from Active Duty). APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * CIB Permanent orders 311-031 * CIB Permanent orders 153-24 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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, in effect, his DD Form 214 reflects only one of the two CIBs he was awarded. 3. The applicant provides: a. 502nd Infantry Regiment, Fort Campbell, KY Permanent Orders 311-031, dated 7 November 2003, shows he was awarded the CIB for the period of service from 19 March 2003 thru 1 July 2003, with an effective date of 13 July 2003. b. Headquarters, 1st Infantry Division, Tikrit, Iraq, Permanent Orders 153-24, dated 1 June 2004, shows he was awarded the CIB for the period of service of 14 May 2004, with the reason cited as “for participating in combat operations under enemy hostile fire to liberate Iraq in support of Operation Iraqi Freedom. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular Army on 17 September 2001 for a period of 4 years as a 11B (Infantryman). b. His DD Form 214 reflects he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group on 16 September 2005, for completion of required active service. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects the following: * Army Lapel Button * Overseas Service Bards (2nd Award) * Global War on Terrorism Service Medal * Army Commendation Medal (2nd Award) * Army Achievement Medal * Global War on Terrorism Expedition Medal * Army Good Conduct Medal * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Combat Infantryman Badge * Expert Infantryman Badge * Iraq Campaign Medal c. Headquarters, 88th Regional Support Command Orders 12-303-00254, dated 29 October 2012, shows he was honorably discharged from the USAR on 7 November 2012, under the provisions of AR 135-178, Expiration Term of Service. BOARD DISCUSSION: After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The CIB is authorized for the Global War on Terrorism (18 September 2001 to a date to be determined) Afghanistan (18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined); Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011); OIR (15 June 2014 to a date to be determined). The qualifying period is the Global War on Terrorism Service Medal. Subsequent awards of the CIB are not authorized for the same qualifying period. 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 three 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 three-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), prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 8–6 states, for award of the CIB a Soldier must meet the following three requirements: * Be an infantryman satisfactorily performing infantry duties * Assigned to an infantry unit during such time as the unit is engaged in active ground combat * Actively participate in such ground combat. Campaign or battle credit alone is not sufficient for award of the CIB b. Paragraph 8-8i. states, Soldiers may be awarded the CIB, CMB and CAB for the same qualifying period, provided the criteria for each badge are met. However, subsequent awards of the same badge within the same qualifying period are not authorized. c. The CIB is authorized for award for the following qualifying wars, conflicts, and operations. Second and third awards of the CIB are indicated by superimposing one and two stars respectively, centered at the top of the badge between the points of the oak wreath. To date, a separate award of the CIB has been authorized for qualified Soldiers in the following qualifying periods: * World War II (7 December 1941 to 3 September 1945). * Korean War (27 June 1950 to 27 July 1953). * Vietnam Conflict and other operations (2 March 1961 to 10 March 1995). * Republic of Vietnam Conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos (19 April 1961 to 6 October 1962). * Dominican Republic (28 April 1965 to 1 September 1966). * Korea on the demilitarized zone (DMZ) (4 January 1969 to 31 March 1994). * El Salvador (1 January 1981 to 1 February 1992). * Grenada (23 October to 21 November 1983). * Joint Security Area, Panmunjom, Korea (23 November 1984). * Panama (20 December 1989 to 31 January 1990). * SWA Conflict (17 January to 11 April 1991). * Somalia (5 June 1993 to 31 March 1994). * Global War on Terrorism (18 September 2001 to a date to be determined) Afghanistan (18 September 2001 to 31 December 2014; OFS, 1 January 2015 to a date to be determined); Iraq (OIF, 19 March 2003 to 31 August 2010; OND, 1 September 2010 to 31 December 2011); OIR (15 June 2014 to a date to be determined). * Contingency operations other than war, not specifically included in the above specified qualifying periods, will be aligned to an appropriate qualifying period. * Subsequent awards of the CIB are not authorized for the same qualifying period, as outlined above //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220006587 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1