RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070010273 


	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

Mr. Mohammed R. Elhaj

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette R. McCants

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 correction of his records to show award of the Combat Infantryman Badge.

2.  The applicant states that he was awarded the Combat Infantryman Badge while serving with the 82nd Airborne Division, Fort Bragg, North Carolina, during Operation Just Cause (Panama).  He also adds that he served in Southwest Asia during Operations Desert Shield/Storm.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty); a copy of memorandum, dated 6 March 1992, certifying his participation during Operation Just Cause; a copy of DA Form 638 (Recommendation for Award), dated 3 April 1991, showing he was awarded the Army Commendation Medal for achievement during Operation Desert Shield; and a copy of DA Form 638, dated 22 January 1992, showing he was awarded the Army Achievement Medal for service during his tour of duty with the 82nd Airborne Division.

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's records show that he enlisted in the Regular Army on 1 March 1988 for a period of 4 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11B (Infantryman).  The highest rank he attained during his military service was specialist/E-4.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 7 April 1992.


3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows that he was awarded the Army Service Ribbon, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Kuwait Liberation Medal (Saudi Arabia), the Parachutist Badge, the Army Good Conduct Medal, the Army Achievement Medal, the Armed Forces Expeditionary Medal, the Army Commendation Medal, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  Item 13 does not show award of the Combat Infantryman Badge.

4.  Item 9 (Awards and Decorations) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Combat Infantryman Badge.  There are no General Orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

5.  After completing airborne training at Fort Benning, Georgia, the applicant was assigned to the 3rd Battalion, 504th Parachute Infantry Regiment (PIR), Fort Bragg, North Carolina.  

6.  The applicant's records show that he was deployed with his unit of assignment to Panama in support of Operation Just Cause during the period 4 December 1989 to 4 January 1990.

7.  The applicant's records further show that he was deployed to Southwest Asia in support of Operation Desert Shield/Storm during the period 17 August 1990 to 25 March 1991.  He was awarded the Army Commendation Medal for distinguishing himself as a Team Leader during this deployment.

8.  Prior to his release from active duty, the applicant was recommended on 22 January 1992 for award of the Army Commendation Medal for meritorious service.  However, the approval authority downgraded the award and approved an Army Achievement Medal.  Achievement Number 4 on the DA Form 638 shows that the applicant "participated in combat operations to Operation Just Cause (Panama) and Operation Desert Storm (Saudi Arabia/Iraq)."

9.  Review of the applicant's records indicates entitlement to additional awards that are not shown on his DD Form 214.

10.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders 197-84, dated 23 October 1989, show the applicant was awarded the Expert Infantryman Badge on 26 September 1989.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 of this regulation provides for award of the Combat Infantryman Badge.  Paragraph 8-6j specifies that for Panama (Operation Just Cause from 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 be 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.”

12.  Paragraph 8-6k of Army Regulation 600-8-22 specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  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 requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, 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.  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.







DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records to show award of the Combat Infantryman Badge.

2.  Evidence of record shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size.  While the applicant's award recommendation shows that he participated in combat operations, there is no evidence that "he was 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."  In the absence of sufficient evidence showing that he was directly involved in active ground combat, he does not meet the criteria for award of the Combat Infantryman Badge.

3.  Permanent Orders show that the applicant was awarded the Expert Infantryman Badge.  Therefore, he is entitled to correction of his records to show this award.

4.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__jtm___  __jrm___  __swf___  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

1.  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.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the Expert Infantryman Badge.



							John T. Meixell
______________________
          CHAIRPERSON




INDEX

CASE ID
AR20070010273
SUFFIX

RECON

DATE BOARDED
20071129
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
(DENY)
REVIEW AUTHORITY

ISSUES         1.
107.0000
2.

3.

4.

5.

6.