IN THE CASE OF:	  

	BOARD DATE:	  1 July 2008

	DOCKET NUMBER:  AR20080003267 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his records be corrected to show award of the Combat Infantryman Badge for service in El Salvador.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge after he retired from the Army.

3.  The applicant provides copy of MILPER Message No. 98-095, dated March 1998, a portion of his DA Form 2-1 (Personnel Qualification Record), DD Form 214 (Certificate of Release or Discharge from Active Duty), an excerpt from the Washington Times Newspaper, and a DA Form 1307 (Individual Jump Record) in support of this application. 

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 record shows that he entered active duty in the Regular Army on 6 June 1977, and was initially trained in and awarded military occupational specialty (MOS) 11B (Infantryman).  He was later trained in and awarded MOS 95B (Military Police).  

3.  The applicant's DD Form 214 shows that on 30 June 1997, he was honorably released from active duty for the purpose of retirement.  Further, the applicant's DD Form 214 shows he completed a total of 20 years and 25 days of creditable military service.  The applicant's record shows the highest rank he attained while serving on active duty was sergeant first class/pay grade E-7.  

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 shows the entry 10 years, 03 months, and 13 days during this period. 

5.  Item 13 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized (All period of service)) of the applicant's DD Form 214 does not show he was awarded the Combat Infantryman Badge for service in El Salvador.  

6.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows that he served overseas during the following periods:

	a.  Company C, 1st Battalion, 4th Infantry, Germany as a Rifleman, Team Leader, and Grenadier during the period 30 September 1977 through 
21 September 1980; 

	b.  Company B, 2nd Brigade, 187th Infantry Battalion, and with the 508th Infantry Battalion, Panama as a Squad Leader and Platoon Sergeant during the period 29 November 1984 through 21 December 1987;

	c.  Headquarters and Headquarters Command, 1st Brigade, 506th Infantry Battalion, and at the Noncommissioned Officer Academy, Korea, as an instructor and as a Squad Leader during the period 22 December 1987 through 11 January 1990 until he was assigned to Fort Sherman, Panama as an instructor on
27 August 1992.

7.  There are no orders in the applicant's records which show award of the Combat Infantryman Badge.




8.  The undated article from the Washington Times Newspaper discussed award of the Combat Infantryman Badge and Combat Medical Badge for Soldiers who served in El Salvador and Bosnia.  The newspaper article also announced the eligibility rules provided by the Total Army Personnel Command in Military Personnel Message 96-068 (DTG 231536Z January 1996).

9.  The applicant's DA Form 1307 shows he completed 20 Individual Jumps during the period 23 October 1984 through 18 March 1986.  However, none of the Individual Jumps took place in El Salvador.

10.  MILPER Message Number 98-095 (Award of the Combat Infantryman Badge and Combat Medical Badge, El Salvador), provides, in pertinent part, that the Combat Infantryman Badge is awarded to Special Forces Officer (SSI 11 or 18) in the grade of colonel or below, or Army enlisted and warrant officer persons who have an infantry or special forces military occupational specialty (MOS) who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached to an infantry, ranger or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat.  

11.  MILPER Message Number 98-095 contains specific eligibility requirements for award of the Combat Infantryman Badge for service in El Salvador during the period 1 January 1981 to1 February 1992.  Special provisions show that a member of USMILGP-El Salvador must have been assigned as an advisor to a military region or zone of Armed Forces of El Salvador (ESAF), or while serving with an infantry unit, or specialized infantry-type or irregular-type combat unit of brigade or smaller size of the ESAF, (b) assigned as a member of a mobile training team that was attached to or working with an infantry unit, or a specialized infantry type or irregular type combat unit of brigade size or smaller of ESAF, and (c) personally present and under hostile fire while assigned as specified in (a) or (b) above.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his military records should be corrected to show award of the Combat Infantryman Badge for service in El Salvador was carefully considered and determined to be without merit.  

2.  Evidence of record shows the applicant was awarded an infantry MOS of 11B (Infantryman).  His record does not show that he was assigned as an advisor to a military region or zone of Armed Forces of El Salvador (ESAF), or that he served with an infantry unit, or specialized infantry-type or irregular-type combat unit of brigade or smaller size, or was assigned as a member of a mobile training team that was attached to or working with an infantry unit, or personally present and under hostile fire during the period 1 January 1981 through 1 February 1992. 

3.  The applicant's records show he was assigned duty in Panama as a squad leader and platoon sergeant during the period 29 November 1984 through
21 December 1987.  On 27 August 1992, he was assigned to Panama as an instructor at the NCO Academy. 

4.  There are no orders or other evidence which shows that the applicant was awarded the Combat Infantryman Badge.  As a result of the above information the applicant does not meet the criteria for award of the Combat Infantryman Badge for service in El Salvador.  Therefore, he is not entitled to correction of his records to show this award.

BOARD VOTE:

________  ________  ________  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 that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




       _   ___X____   ___
       CHAIRPERSON
      
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.

ABCMR Record of Proceedings (cont)                                         AR20080003267



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ABCMR Record of Proceedings (cont)                                         AR20080003267



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