IN THE CASE OF:	  

		BOARD DATE:	  24 January 2012

		DOCKET NUMBER:  AR20110013794 


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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal (AFEM) and Combat Infantryman Badge (CIB).

2.  He states he was awarded the AFEM and CIB for service in combat operations in the Republic of Panama from 20 December 1989 through 31 January 1990.

3.  He provides:

* a memorandum, subject: Award of Armed Forces Expeditionary Medal and Authorization to Wear the Right Shoulder Sleeve Insignia (RSSI)
* a page from a memorandum, subject: Nomination for Award of the Combat Infantryman's [sic] Badge

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 3 April 1987.  After completing initial entry training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).

3.  His DA Form 2-1 (Personnel Qualification Record) shows no entries in item 5 (Oversea Service).  Item 9 (Awards, Decorations & Campaigns) shows he was authorized the:

* Army Service Ribbon (ASR)
* Army Commendation Medal (ARCOM)
* National Defense Service Medal (NDSM)
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars

4.  Item 35 (Record of Assignments) of his DA Form 2-1 shows he was assigned to Headquarters and Headquarters Company, 4th Battalion, 6th Infantry, Fort Polk, LA, from 14 July 1987 to 29 May 1991.

5.  He was honorably released from active duty on 30 May 1991.  Item 12f (Foreign Service) of his DD Form 214 shows the entry "00  00  00" indicating no foreign service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the:

* ASR
* Army Lapel Button
* NDSM
* ARCOM
* Army Good Conduct Medal

6.  His record is void of documentation showing he served in Panama.

7.  His record is void of documentation showing he was awarded the AFEM.


8.  His record does not contain orders awarding him the CIB.

9.  Department of the Army General Orders Number 6, dated 31 January 1992, awarded the Valorous Unit Award (VUA) to the 4th Battalion (Mechanized),
6th Infantry Regiment, for heroism while engaged in military operations during the period 19 December 1989 to 29 January 1990.  The orders do not specify which military operations the unit was engaged in.

10.  Lineage and Honors information for the 4th Battalion, 6th Infantry Regiment, maintained by the U.S. Army Center of Military History shows the unit served in Panama and is authorized a VUA Streamer embroidered "Panama."

11.  He provides a memorandum awarding him the AFEM and authorizing him to wear the RSSI for service in Panama in support of Operation Just Cause from
20 December 1989 to 23 January 1990.

12.  He provides a page from a memorandum, subject: Nomination for Award of the Combat Infantryman's [sic] Badge, showing his name.

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

14.  Army Regulation 600-8-22 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.  The regulation states award of the CIB will be announced in permanent orders by commanders authorized to make the award or permanent orders of Headquarters, Department of the Army.

15.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  The evidence does not support the applicant's request for correction of his
DD Form 214 to show the CIB.  He provided a page from a memorandum showing he was recommended for award of the CIB; however, the available records do not show a proper authority made a decision on the recommendation or that permanent orders were published awarding him the CIB.  In the absence of such documentation, there is an insufficient evidentiary basis for granting this portion of his request.

2.  He provides a memorandum showing he was authorized award of the AFEM for service in Panama from 20 December 1989 to 23 January 1990.  Based on this document, his DD Form 214 should be corrected to show this award.

3.  His DA Form 2-1 shows he was authorized the Expert Marksmanship Qualification Badge with Mortar Bar and the Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars, which are not shown on his
DD Form 214.  Therefore, his DD Form 214 should be corrected to show these badges.

4.  General orders awarded his unit the VUA during his period of assignment.  Therefore, his DD Form 214 should be corrected to show this unit award.

5.  His DD Form 214 does not show his foreign service in item 12f.  The available records show he served in Panama from 20 December 1989 to 23 January 1990, a period of 1 month and 4 days.  Therefore, his DD Form 214 should be corrected to show this foreign service.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ____x___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 the entry "00  00  00" and replacing it with the entry "00  01  04," and

	b.  adding to item 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Valorous Unit Award
* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding the CIB to his
DD Form 214.



      ___________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)                                         AR20110013794



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ABCMR Record of Proceedings (cont)                                         AR20110013794



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