IN THE CASE OF:	  

		BOARD DATE:	        6 OCTOBER 2009

		DOCKET NUMBER:  AR20090008037 


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 that he be awarded the Combat Infantryman Badge (CIB) and a campaign medal for participation in "Operation El Dorado Canyon Libya."

2.  The applicant states, in effect, that he was stationed in Sinai [Egypt] as a member of the United Nations peacekeeping force with his unit, the 3rd battalion, 60th Infantry Regiment, 9th Infantry Division when they received a radio message that Libya had been bombed and that [Quadafi] would attack any United States military installation.  He goes on to state that his unit dug in fast and waited; however, there was no attack during the 2 weeks his unit was on alert.  He continues by stating that the U.S. Air Force and U.S. Navy both received campaign medals for that operation and they were farther removed from Libya than his unit was; however, his unit got nothing.  He further states that he believes he should have been awarded the CIB and a campaign medal for his participation. 

3.  The applicant provides a three-page self-authored letter explaining 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 enlisted in the Regular Army (RA) in San Antonio, TX on 24 January 1985 for a period of 3 years and training in military occupational specialty (MOS) 11B (infantryman).  He completed his one-station unit training (OSUT) at Fort Benning, GA and was transferred to Fort Lewis, WA for assignment to the 3d Battalion, 60th Infantry Regiment, 9th Infantry Division, for duty as an infantryman.

3.  He deployed to the Sinai on 3 December 1985 with his unit as a member of the Multinational Force Observers (MFO) and he was advanced to the rank/grade of specialist (SPC)/E-4 on 1 February 1986. 

4.  Operation El Dorado Canyon was the code name of the United States bombing of Libya on 15 April 1986.

5.  The applicant departed the Sinai on 22 May 1986 and he was returned with his unit to Fort Lewis, where he remained until he was honorably released from active duty (REFRAD) on 23 January 1988, due to the expiration of his term of service.  His DD Form 214 (Certificate of Release or Discharge from Active Duty) issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, Army Lapel Button, Multinational Force and Observers Medal, Army Achievement Medal (1st OLC), Noncommissioned Officer Professional Development Ribbon, Expert Infantryman Badge, Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge with M-16 Rifle Bar.

6.  A review of his records failed to show that he was ever awarded the CIB or that he actually participated in Operation El Dorado Canyon.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states 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.  

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal (AFEM) is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  The AFEM was authorized for participation in Operation El Dorado Canyon during the period of 12 to 17 April 1986.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB and a campaign medal for participation in Operation El Dorado Canyon has been noted and appears to lack merit.

2.  The applicant has not submitted any evidence and his official records do not contain any evidence to show that he participated in Operation El Dorado Canyon or that he engaged the enemy in combat during the period in question.

3.  Therefore, lacking such evidence, there appears to be no basis for granting the applicant's requested relief.

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:

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 wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States.  The applicant and all Americans should be justifiably proud of his service in arms.



      _________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)                                         AR20090008037



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ABCMR Record of Proceedings (cont)                                         AR20090008037



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