RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  6 February 2007
	DOCKET NUMBER:  AR20060009569


	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.



	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 his records be corrected to show award of the Army Commendation Medal (ARCOM), the Combat Infantryman Badge (CIB), and his participation in Operation Just Cause.

2.  The applicant states he earned the ARCOM and the CIB, but neither is shown on his DD Form 214 (Certificate of Release or Discharge From Active Duty).

3.  The applicant provides:

	a.  His DD Form 214.

	b.  A copy of his JUMPS-Army Leave and Earning Statement for January 1990 showing danger pay.

	c.  His ARCOM Certificate.

	d.  A copy of Joint Task Force South "Operation Just Cause" certificate of participation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 2 August 1992.  The application submitted in this case is dated 23 June 2006.

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 served in the Regular Army from 28 March 1989 to 2 August 1992.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  He served in Panama as a member of Company B, 3rd Battalion, 17th Infantry (Fort Ord, CA), and participated in Operation Just Cause from 20 December 1989 to 20 January 1990.  He received imminent danger pay.

4.  The applicant's DD Form 214 shows he was awarded the Army Service Ribbon; National Defense Service Medal; Army lapel Button; Armed Forces Expeditionary Medal (Operation Just Cause); NCO Professional Development Ribbon (Numeral 1); Expert Marksmanship Qualification Badge with Rifle Bar, Grenade Bar, and Rocket Launcher Bar.  It does not show the ARCOM or the CIB.  It shows he served 3 years, 3 months, and 7 days of creditable service and had 28 days of lost time due to absence without leave (AWOL).

5.  There are no orders in the applicant's records showing award of the ARCOM or CIB.  However, the applicant does have an ARCOM Certificate for the period 27 January 1992 to 22 June 1992 as a member of B Company, 3rd Battalion, 123rd Aviation Regiment, Fort Ord.

6.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It states:

	a.  the Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguished himself or herself by heroism, meritorious achievement or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  Paragraph 8-6j specifies that for Panama (Operation Just Cause - 20 December 1989 to 31 January 1990) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the Combat Infantryman Badge.  These paragraphs state that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific eligibility requirements are stated in paragraph 8-6c (1) through (4) and essentially require that an Army enlisted Soldier must have an infantry or special forces specialty, must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Finally, paragraph 8-6c(2) states:  “A recipient must be 

personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy.”

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  In 1992, the regulation did not call for entering unit deployments to foreign countries for active duty Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  Although no orders are available, the applicant's ARCOM Certificate for the period 27 January 1992 to 22 June 1992 as a member of B Company, 3rd Battalion, 123rd Aviation Regiment, Fort Ord, appears authentic.  Both the applicant and the unit were assigned to Fort Ord at the time, and the Certificate is signed by the then Regimental Commander.  it is accepted as proof of his entitlement to the ARCOM.

2.  The applicant served in Operation Just Cause with the 3rd Battalion, 17th Infantry; however, there are no orders awarding him the CIB.  There is nothing in his record to show that he served as an infantryman or that he was under fire during Operation Just Cause.  Without orders awarding the CIB, or proof he was serving in his infantry MOS and actually came under fire, the CIB cannot be authorized.  Many infantrymen serve in infantry units in non-infantry positions such as clerks, armorers, etc..

3.  AR 635-5, in effect at the time of the applicant's separation, did not require an entry be made concerning "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM YYYYMMDD – YYYYMMDD).”  Therefore, his DD Form 214 is correct regarding his service in Panama.  It is noted his Armed Forces Expeditionary Medal in Item 13 (Decorations) states "(Operation Just Cause)."

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 2 August 1992; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 1 August 1995.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__jea___  __jlp___  __eem___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing that he was awarded the Army Commendation Medal.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding him the Combat Infantryman Badge and entering his Panama service in Item 18 (Remarks) on his DD Form 214.  



						James E. Anderholm
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20060009569
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.