IN THE CASE OF:	  

		BOARD DATE:	      3 March 2011

		DOCKET NUMBER:  AR20100021786 


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 award of the Combat Infantryman Badge (CIB).

2.  He states, in effect, that during a special mission assignment to Honduras, he actively participated in two Secret missions against unknown enemy forces.  Due to the high security level of the missions, he and members of his unit were directed by their leadership to maintain secrecy for a period of 3 years.

3.  He contends he has kept quiet for too long and he is not asking for these missions to be recognized, but that he be recognized for his service during these missions.

4.  He provided copies of:

* DA Form 2442 (Department of the Army Certificate of Achievement)
* a certificate of training
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* photograph

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.  His military personnel record shows he enlisted in the Regular Army on 1 September 1983.  After the completion of basic combat and advanced individual training, he was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows:

* item 5 (Oversea Service) – he served in South America/Central America – Panama from 28 December 1983 through 19 December 1985
* item 9 (Awards, Decorations and Campaigns) – no indication he was awarded the CIB
* item 35 (Record of Assignments) – during his tour of duty in Panama he served in duty MOS 11B and was assigned to:

* Company A, 4th Battalion, 20th Infantry Regiment, from 6 January to 22 April 1984
* Company A, 1st Battalion, 187th Infantry Regiment, from 23 April 1984 to 18 December 1985

4.  He provided a copy of a DA Form 2442 that shows he was recognized for exceptional achievement from 5 to 15 August 1984 while serving as a member of 3rd Platoon, Company A, 1st Battalion, 187th Infantry Regiment, on special mission assignment – Honduras.  His actions directly contributed to the accomplishment of 3rd Platoon's mission.  He has proven through his professional conduct and superior duty performance that he is a team player, worthy of the title "Infantryman."

5.  He also provided a photograph he identified as himself in full combat gear in Honduras.  A copy of the training certificate shows he completed the Jungle Warfare Training Course on 30 September 1985.

6.  His DD Form 214 shows he was honorably released from active duty on 30 June 1986.  He completed 2 years and 10 months of net active service and 1 year, 11 months, and 22 days of foreign service.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show award of the CIB.

7.  Army Regulation 600-8-22 (Military Awards) states 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.

8.  Army Regulation 600-8-22 also contains the qualifying wars, conflicts, and operations for which the CIB has been authorized for award by Congress:

* World War II (7 December 1941 to 3 September 1945)
* The Korean War (27 June 1950 to 27 July 1953)
* Republic of Vietnam Conflict (2 March 1961 to 28 March 1973) combined with qualifying service in Laos (19 April 1961 to 6 October 1962)
* Dominican Republic (28 April 1965 to 1 September 1966)
* Korea in the demilitarized zone (4 January 1969 to 31 March 1994)
* El Salvador (1 January 1981 to 1 February 1992)
* Grenada (23 October to 21 November 1983)
* Joint Security Area, Panmunjom, Korea (23 November 1984)
* Panama (20 December 1989 to 31 January 1990)
* Southwest Asia Conflict (17 January to 11 April 1991)
* Somalia (5 June 1992 to 31 March 1994)
* Afghanistan (Operation Enduring Freedom – 5 December 2001 to a date to be determined)
* Iraq (Operation Iraqi Freedom – 19 March 2003 to a date to be determined)

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows he was assigned as an infantryman to an infantry unit and performing infantry duties while on a special mission in Honduras from 5 to 15 August 1984.  However, there is no evidence showing he actively participated in ground combat.

2.  Additionally, Honduras is not included in the list of authorized campaigns or operations for award of the CIB as prescribed in Army Regulation 600-8-22.

3.  In view of the foregoing, he is not entitled to the requested relief.



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 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)                                         AR20100021786



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021786



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1