RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060000631


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Dale E. DeBruier              |     |Member               |
|     |Mr. James R. Hastie               |     |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 that his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show award of the Combat
Infantryman Badge (CIB).

2.  The applicant states that he received the CIB for his service in the
Sinai Peninsula.  He states he was an airborne infantry Special Forces
Soldier stationed in the Sinai with a Multinational Force and Observers
(MFO) Task Force and was often involved in recons and countermeasures in
and out of enemy territories.  On more than one occasion, he states he
received and returned fire against the enemy.  The applicant further states
that he received all his other awards and badges, which include the Air
Assault Badge, Airborne Badge, Expert Marksmanship Badge, and Expert
Infantryman Badge.  He was shocked when he found out it was not annotated
in his DD Form 214.  The applicant concludes that he wore the CIB with
honor as he trained other troops, and now with congestive heart failure,
glaucoma and other serious issues, he found out how the CIB is a Veterans
Affair (VA) prerequisite to qualify for Post Traumatic Stress Disorder
(PTSD).

3.  The applicant did not provide any additional documentary evidence in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 December 1986, the date he was separated from active
duty.  The application submitted in this case is dated 22 December 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's records shows he enlisted on 12 October 1982.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The
applicant served a tour of duty in the Sinai during the period 23 August
1983 through 9 February 1984 and was honorably separated on 4 December
1986.

4  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's DD Form 214 shows he awarded the
Army Service Ribbon, Overseas Ribbon, Parachute Badge, Army Good Conduct
Medal, Marksmanship Qualification Badge with Rifle Bar (M-16),
Multinational Force and Observer Medal, it does not show award of the CIB.


5.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
20 (Personnel Qualification Record) does not show award of the CIB.

6.  There are no orders in the available records which show the applicant
was awarded the CIB.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry MOS.  They must
have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.  The regulation also
states a separate award of the CIB has been authorized for qualified
Soldiers in any of three conflicts: World War II (7 December 1941 to 3
September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and
the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 1
March 1961) combined with qualifying service in Laos (19 April 1961 to 6
October 1962), the Dominican Republic (28 April 1965 to 1 September 1966),
Korea on the DMZ (after 4 January 1969), Grenada (23 October to 21 November
1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf
War (17 January to 11 April 1991) is recognized by one award only
regardless of whether a Soldier has served one or multiple tours in any or
all of these areas.  The Global War on Terrorism Era (September 18th 2001,
to a date to be determined) also qualifies for a separate award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge for his duties in the Sinai Peninsula.

2.  There are no general orders that show the applicant was awarded the
CIB.

3.  In order to meet eligibility requirements for award of the CIB the
military awards regulation clearly states that “active ground combat” was
required for Soldiers in authorized conflicts/areas.  The Sinai Peninsula
was not one of the areas listed as being in an authorized conflict.
Therefore, he could not earn a CIB for his duty in the Sinai, thus he is
not entitled the award of the CIB.

4.  In view of the foregoing, there is no basis for granting the
applicant's request.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 December 1986; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
3 December 1983.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __ded___  __jrh___  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.



                                        James E. Anderholm
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000631                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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