RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 March 2008
      DOCKET NUMBER:  AR20070016279


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Frank C. Jones                |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Mr. Scott W. Faught               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge.

2.  The applicant states he was an infantryman with the 1st Cavalry
Division in Vietnam.  He served his country as a combat infantry Soldier in
Vietnam and earned the Combat Infantryman Badge.

3.  The applicant provides two DD Forms 214 (his original Armed Forces of
   the United States Report of Transfer or Discharge and a reissued
Certificate      of Release or Discharge from Active Duty) and one page
from his DA Form       20 (Enlisted Qualification Record).

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 16 April 1971.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty 11B (Light Weapons Infantryman).

3.  The applicant arrived in Vietnam and was assigned to Company B, 1st
Battalion, 327th Infantry (101st Airborne Division) on 3 October 1971 where
he performed duties as a rifleman.  He departed the unit on 28 December
1971, with conduct and efficiency ratings of “excellent.”

4.  The applicant was assigned to the 2d Battalion, 8th Cavalry, 3d Brigade
(Separate), 1st Cavalry Division on 8 January 1972.

5.  On 24 January 1972, the applicant admitted himself for treatment at the
Drug Rehabilitation Center to quit a heroin habit.

6.  The applicant departed Vietnam on 31 March 1972.

7.  On 26 April 1972, the applicant was discharged.  His reissued DD Form
  214 shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle
bar, and the Expert Qualification Badge with Grenade bar.

8.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Combat Infantryman Badge to a Soldier who is an infantryman satisfactorily
performing infantry duties, who is assigned to an infantry unit during such
time as the unit is engaged in active ground combat, and who actively
participates in such ground combat.  Campaign or battle credit alone is not
sufficient for award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  There is insufficient evidence of record to show that the applicant
actively participated in ground combat or satisfactorily performed infantry
duties while he was assigned to the 1st Cavalry Division.  He was assigned
to the 2d Battalion, 8th Cavalry, 3d Brigade (Separate), 1st Cavalry
Division on 8 January 1972,    and he admitted himself for treatment at the
Drug Rehabilitation Center on        24 January 1972 to quit a heroin
habit.

2.  There is insufficient evidence of record to show that the applicant
actively participated in ground combat during the time (less than 3 months)
that he was assigned to the 1st Battalion, 327 Infantry.

3.  Therefore, there is insufficient evidence to show that the applicant
met the eligibility criteria for award of the Combat Infantryman Badge.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__fcj___  __cd____  __swf___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable
error or injustice.  Therefore, the Board determined that the overall
merits of this case are insufficient as a basis for correction of the
records of the individual concerned.




                                  ____Frank C. Jones____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2000016279                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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