BOARD DATE:	  30 March 2010 

		DOCKET NUMBER:  AR20090014353 


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 records to show award of the Combat Infantryman Badge (CIB), Armed Forces Expeditionary Medal (AFEM) (or another campaign ribbon), and any other awards for participation in Operation Just Cause in Panama.

2.  He states he served in Panama with the 4th Battalion, 6th Infantry Regiment during Operation Just Cause.  He was awarded the CIB but it is not on his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He believes his unit was also authorized additional awards for participation in Operation Just Cause after he was discharged.

3.  The applicant provides no supporting documents.

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 22 June 1987.  He completed training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  The applicant was honorably discharged on 3 August 1990.  He completed 3 years, 1 month, and 12 days of total active service.  His DD Form 214 lists his authorized awards as the Army Service Ribbon, Army Lapel Button, Army Good Conduct Medal, and the Overseas Service Ribbon.

4.  The applicant's DA Form 2-1 (Personnel Qualification Record - Part II) provides the following:

	a.  his authorized awards are the Overseas Service Ribbon and the Army Service Ribbon;

	b.  he qualified as an expert with the hand grenade and 81mm mortar and as a sharpshooter with the M-16 rifle;

	c.  his foreign service is shown as only in Korea from 12 October 1987 through 7 October 1988; and

	d.  he was assigned to the 4th Battalion, 6th Infantry Regiment effective 31 October 1988.

5.  The applicant's Official Military Personnel File (OMPF) contains no orders or other documents authorizing him any awards or decorations including those awards and decorations shown on his DD Form 214 and/or on his DA Form 2-1.

6.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990;


	b.  Paragraph 8-6j specifies that for award of the CIB for Panama (Operation Just Cause from 20 December 1989 to 31 January 1990) an individual must 
have been an infantryman; satisfactorily performing infantry duties while assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat; and

	c.  the Valorous Unit Award (VUA) is awarded to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force for actions occurring on or after 3 August 1963.  The unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.

7.  The Army Human Resources Command, Military Awards Branch, Alexandria, VA website, entitled "Recently Approved Unit Awards," shows that the 4th Battalion, 6th Infantry Regiment was cited for award of the VUA during the period 19 December 1989 - 29 January 1990 based on Department of the Army General Orders Number 6, dated 31 January 1992.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states he served in Panama with the 4th Battalion, 6th Infantry Regiment during Operation Just Cause as an infantryman.  He was awarded the CIB but it is not on his DD Form 214.  He also believes he is eligible for the AFEM and that he believes his unit was authorized additional awards for participation in Operation Just Cause after he was discharged.

2.  While the applicant's DA Form 2-1 indicates he was assigned and served in an infantryman MOS while assigned to the 4th Battalion, 6th Infantry Regiment during the period this unit was deployed to Panama during Operation Just Cause; it does not contain any evidence and he has not provided any official military documentation (such as a unit deployment roster or travel authorization orders) to substantiate that he was deployed with his unit in Panama during Operation Just Cause.

3.  Further, the applicant has not provided and the record does not contain any documentation (such as pay records showing receipt of hostile fire or imminent danger pay) to substantiate that he personally participated in active ground combat with the 4th Battalion, 6th Infantry Regiment.

4.  Therefore, in the absence of evidence, he is not entitled to the AFEM, CIB, or any other awards or decorations for service during Operation Just Cause in Panama.

5.  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)                                         AR20090014353



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ABCMR Record of Proceedings (cont)                                         AR20090014353



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