IN THE CASE OF:	  

		BOARD DATE:	  21 April 2009

		DOCKET NUMBER:  AR20080019845 


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 record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to document his combat service in Panama and his service in a Ranger Battalion.

2.  The applicant states, in effect, that he served a combat tour in Panama with a Ranger Battalion from November 1989 through 1991.  He also claims that he should have received the Combat Infantryman Badge (CIB), Combat Jump Wings, and the "ECT."

3.  The applicant provides no documentary evidence in support of his 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 he enlisted in the Regular Army and entered active duty on 8 June 1989, and was trained in and awarded military occupational specialty 11B (Infantryman) and the Special Qualification Identifier (SQI) P (Parachutist).  

3.  The applicant's Official Military Personnel File (OMPF) does not contain a Personnel Qualification Record (DA Form 2-1) and is void of any assignment and or mobilization information and/or orders.  

4.  On 26 September 1989, the applicant was awarded the Parachutist Badge in Headquarters, United States Army Infantry Center, Fort Benning, Georgia, Permanent Orders 186-16.  The reason listed on the orders for the award was the applicant's successful completion of Airborne training.  There are no documents on file in his OMPF that indicate he ever made a combat parachute jump with a unit awarded assault landing credit.  

5.  The applicant's record contains a DA Form 638 (Recommendation For Award), dated 16 October 1991, in which the applicant's platoon leader recommended him for the Army Achievement Medal for the period 7 through 
13 August 1991, based on his outstanding performance as a driver of a Bradley Fighting Vehicle crew that fired a superior rating.  Item 22 of the DA Form 638 shows that the AAM approval authority disapproved this recommended award. 

6.  On 6 October 1993, while serving at Fort Stewart, Georgia, the applicant was honorably released from active duty (REFRAD), in the rank of specialist (SPC), after completing 4 years, 3 months, and 29 days of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Army Lapel Button, Army Service Ribbon, Army Good Conduct Medal, Kuwait Liberation Medal, National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Expert Marksmanship Qualification Badge with Grenade Bar, Parachutist Badge, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's award policy. Chapter 8 contains guidance on award of Badges and Tabs of United States Origin.  Paragraph 8-6 contains guidance on award of the CIB and states that the specific eligibility criteria for the CIB is, in pertinent part, that Soldier must hold an infantry or Special Forces MOS, has 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.  It further stipulates that the recipient must be personally present and under hostile fire with a qualifying unit while it is engaged in active ground combat with enemy forces.  

8.  Paragraph 8-11 of the awards regulation contains guidance on Parachutist Badges and states, in pertinent part, that a bronze service star is authorized to worn on the Parachutist Badges to denote a Soldier's participation in a combat parachute jump.  A Soldier's combat parachute jump credit is tied directly to the assault landing credit decision for the unit to which he/she was assigned at the time of the assault. 

9.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on preparing and issuing the DD Form 214.  Paragraph 2-3 identifies source record for preparing the DD Form 214, which includes the Enlisted Records Brief (Personnel Qualification Record) and OMPF documents.  The instructions for Item 13 state to enter all awards earned as verified by an entry in the Soldier's record.  The instructions for Item 18 (Remarks) state that for an active Soldier deployed with his/her unit, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be included in Item 18.  There are no regulatory provisions that provide for entering unit assignments on the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his record and separation document should be corrected to document his combat service in Panama and his service with a Ranger unit was carefully considered.  However, the applicant's OMPF is void of any records or documents to confirm this service, and the applicant has failed to provide independent evidence that supports this claim.  As a result, there is an insufficient evidentiary basis to support correction his record to show service in Panama or with a Ranger unit. 

2.  The applicant's contention that his record and DD Form 214 should include the CIB was also carefully considered.  However, by regulation, in order to support award of the CIB, there must be evidence not only that a member held and served in an infantry MOS in a combat zone, but also that he was personally present with a qualifying infantry unit of brigade, regimental, or smaller size, while the unit was engaged in active ground combat with enemy forces.  There are no record entries or documents on file in his OMPF that confirm the applicant's presence and participation in active ground combat with a qualifying infantry
unit.  Therefore, the regulatory burden of proof necessary to support award of the CIB has not been satisfied in this case.  


3.  The applicant's request that he be credited with a combat jump with his Parachutist Badge was also carefully considered.  However, by regulation, a bronze service star is authorized to be worn on Parachutist Badges to denote participation in a combat jump only when the unit the Soldier served with at the time of the jump received assault landing credit.  In this case, there is no evidence that the applicant was assigned to and made a combat jump with a unit awarded assault landing credit.  As a result, there is insufficient evidence to support this claim.  Given it is unclear what specific award the applicant is referring to in his request for the "ECT," there is also an insufficient evidentiary basis to grant relief on this award.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

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)                                         AR20080019845



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ABCMR Record of Proceedings (cont)                                         AR20080019845


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