IN THE CASE OF:	

		BOARD DATE:	  15 December 2009

		DOCKET NUMBER:  AR20090012737 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Expert Infantryman Badge, the Combat Infantryman Badge, and any campaign medals/awards he is authorized as a result of his service in Grenada. 

2.  The applicant states that the above badges are not listed on his DD Form 214. 

3.  The applicant did not provide any additional documentary evidence in support of his request.  

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 he enlisted in the Regular Army for a period of 3 years on 15 October 1982.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).  

3.  The applicant’s records also show he was initially assigned to the 1st Battalion (Airborne), 506th Infantry, 82nd Infantry Division, Fort Bragg, NC, from on or about 4 March 1983 to 20 March 1984.  He subsequently served in Germany from on or about 21 March 1984 to 12 October 1985 and was assigned to Company A, 2nd Battalion, 30th Infantry, from on or about 23 March 1984 to 26 November 1984 and Company E, 1st Battalion, 7th Infantry, from on or about 27 November 1984 to 11 October 1985.  

4.  The applicant's records further show he was honorably released from active duty in the rank/grade of specialist four/E-4 on 11 October 1985 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation.  The DD Form 214 he was issued shows he completed 2 years, 11 months, and 27 days of creditable active service. 

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Army Achievement Medal (2nd Award), the Parachutist Badge, the Good Conduct Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and the Marksman Marksmanship Qualification Badge with Grenade Bar.  Item 13 does not show award of the Expert Infantryman Badge or the Combat Infantryman Badge.

6.  On 28 March 1990, the applicant was issued a DD Form 215 (Correction to DD Form 214) that added award of the Armed Forces Expeditionary Medal.

7.  The applicant’s records do not contain official orders awarding him the Expert Infantryman Badge or the Combat Infantryman Badge.

8.  The applicant’s records contain a copy of Permanent Orders 216-174, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, awarding him the Army Achievement Medal for meritorious achievement from 3 November 1983 to 22 November 1983.  The orders cite the authority as Headquarters, Department of the Army Message 291654Z Oct 83, Subject: Delegation and Authority to Approve Award of Certain Wartime Decorations and Awards, and Military Personnel Message DAPC-ALA 031717Z Nov 83, Subject: Awards and Decorations-Grenada Operation.

9.  Army Regulation 600-8-22 (Military Awards), paragraph 8-8, provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge a Soldier must be in an active Army status and must have an infantry or special forces specialty.  Commanders of U.S. Army training centers have the authority to test and award the badge.

10.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge.  Specifically, paragraph 8-6i specifies that for Grenada (Operation Urgent Fury) 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 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 his DD Form 214 should be corrected to show award of the Expert Infantryman Badge, the Combat Infantryman Badge, and any campaign medals/awards he is authorized as a result of his service in Grenada. 

2.  With respect to the Expert Infantryman Badge, the applicant's record is void of an order awarding him the Expert Infantryman Badge.  Additionally, there is no evidence in the available records and the applicant did not provide any evidence that shows he satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  Therefore, there is no basis for showing this badge on his DD Form 214.

3.  To be eligible for award of the Combat Infantryman Badge, the applicant is required to have been an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit engaged in active ground combat, and he must have actively participated in such ground combat.  The available evidence does not show the applicant met these requirements.
4.  There is insufficient evidence upon which to base either award or any additional medals or awards in his case.

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)                                         AR20090012737



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ABCMR Record of Proceedings (cont)                                         AR20090012737



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