IN THE CASE OF:  	  

		BOARD DATE:	  20 November 2008

		DOCKET NUMBER:  AR20080014826 


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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he participated in combat operations with Task Force Atlantic and coordinated the assault on Coco Solo, Colon.  During Operation Just Cause, he participated in setting up 12 raids and search missions.  He states he was not given a CIB with his unit because his military occupational specialty (MOS) was 96B (intelligence analyst), but his primary MOS was 11H (heavy antiarmor weapons infantryman).

3.  The applicant provides a copy of his DD Form 214 and internet information regarding the Armed Forces Expeditionary Medal, Operation Just Cause, and Operation Nimrod Dancer.

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 18 October 1984.  He completed one station unit training (OSUT) at Fort Benning, Georgia.

3.  Headquarters, United States Army Infantry Center/OSUT, Fort Benning, Georgia, Orders 1-7, dated 2 January 1985, show the applicant was awarded MOS 11H effective 31 January 1985.

4.  He was assigned to Korea on 10 August 1987 with the Combat Support Company (CSC), 1st Battalion, 503d Infantry, 2d Infantry Division, as a squad leader in duty MOS 11H.

5.  United States Army Garrison, Fort Huachuca, Arizona, Orders 176-18, dated 9 September 1988, show the applicant was awarded primary MOS 96B2O and secondary MOS 11H2O effective 21 October 1988.  These orders also show his primary MOS of 11H2O was withdrawn.

6.  Item 27 (Remarks) of his DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in an imminent danger pay area (Panama) from 20 December 1989 to 31 January 1990.

7.  His DA Form 2-1 does not list the CIB in item 9 (Awards, Decorations, and Campaigns).

8.  His service personnel records contain a DA Form 638-1 (Recommendation for Award (for other than valor of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), dated 7 June 1991, which shows he was awarded the Army Commendation Medal for service from 29 March 1989 to 15 July 1991 as an intelligence analyst.  Under part B (Justification and Citation Data), achievement number 2, it states, "provided excellent low-level intelligence products and analysis to the staff and commanders during Operation Just Cause."

9.  The applicant was medically retired on 31 July 1991.  He completed a total of 6 years, 8 months, and 13 days of total active military service.

10.  His DD Form 214 shows, in part, he was awarded the Armed Forces Expeditionary Medal for service in support of Operation Just Cause (Panama).

11.  Paragraph 8-6 of Army Regulation 600-8-22 (Military Awards) provides for award of the CIB.  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 CIB.  These paragraphs state that there are basically three requirements for award of the CIB.  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 and 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."

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed OSUT and was awarded infantry MOS 11H.  He was assigned to the CSC, 1st Battalion, 503d Infantry, 2d Infantry Division, in Korea.  He was later awarded primary MOS 96B as an intelligence analyst and his primary MOS of 11H was withdrawn at that time.

2.  The evidence of record shows the applicant served in Panama in support of Operation Just Cause from 20 December 1989 to 31 January 1990.  During this period, the applicant held primary MOS 96B and performed duties as an intelligence analyst.  Therefore, he has not met of the requirements for award of the CIB.

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.



      _______xxx__________________
                 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)                                         AR20080014826



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ABCMR Record of Proceedings (cont)                                         AR20080014826



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