BOARD DATE:     12 April 2012

		DOCKET NUMBER:  AR20110019665


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 award of the Combat Infantryman Badge, Army Commendation Medal with "V" Device and Oak Leaf Cluster, and Parachutist Badge with Gold Star.

2.  The applicant states the awards were earned as a result of his participation in combat operations with the 1st Battalion, 75th Rangers during the Grenada invasion.  He discovered the discrepancies while reviewing his DD Form 214 pursuant to anticipated retirement as a civilian police officer.  At the time of the awards, he was a first lieutenant fire support team (FIST) leader member of Headquarters and Headquarters Company, 1st Battalion, 75th Infantry, but attached to Company C, 1st Battalion, 75th Infantry during the October 1983 invasion of Grenada.  His copies of the awards were stolen from his personal vehicle.  

3.  The applicant did not provide any additional documentation.
 
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 was commissioned as a Regular Army second lieutenant in the Field Artillery on 31 May 1981.  He completed the Field Artillery Basic Course and Ranger Training, and was promoted to first lieutenant effective 27 November 1982. 

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 9 (Awards, Decorations and Campaigns) Army Service Ribbon, Ranger Tab, Parachutist Badge, and the Army Achievement Medal; and

	b. item 35 (Record of Assignments) he was assigned to Headquarters and Headquarters Company, 1st Battalion (Ranger), 75th Infantry, Hunter Army Airfield, GA, as a FIST Team Chief, from 16 May 1983 through 28 February 1985.   
 
4.  The applicant's DD Form 214 shows he was discharged on 1 March 1985, as a first lieutenant.  He had completed 3 years, 9 months, and 1 day of total active service.

5.  His DD Form 214 shows the Army Service Ribbon, Ranger Tab, Army Achievement Medal, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Commendation Medal, Pathfinder Badge, and Armed Forces Expeditionary Medal with Bronze Arrowhead.

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

	a.  The Army Commendation Medal may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The bronze “V” device indicates acts of heroism involving conflict with an armed enemy and authorizes the device in conjunction with awards of the Army Commendation Medal, the Air Medal, and the Bronze Star Medal.  Although more than one award of the Army Commendation Medal, the Air Medal, or the Bronze Star Medal may be made for heroism to the same person, only one “V” device may be worn on awards of these medals.

	c.  A bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump and orders are required to confirm award of these badges.  Credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The unit must be credited with a combat assault in order for the Soldier to receive the Parachutist Badge with the bronze service star affixed and each Soldier must physically exit the aircraft to receive combat assault credit and the Parachutist Badge with bronze service star.

	d.  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.  

	e.  Recommendations for award of badges will be submitted through command channels to the commander authorized to make the award.  Awards of the Combat Infantryman Badge will be announced in permanent orders by commanders authorized to make the award or in permanent orders issued by Headquarters, Department of the Army.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows the applicant was not an infantryman, he was a field artillery officer, and he was not eligible for the Combat Infantryman Badge.  Furthermore, there is no available evidence showing he was ever recommended for award of the Combat Infantryman Badge or that orders were issued authorizing this badge. 

2.  It is regrettable that he did not notice the missing awards before his copies of the awards were stolen; however, there is no evidence of record showing he was awarded the Army Commendation Medal with "V" Device or a service star for wear on the Parachutist Badge for making a combat jump.

3.  In view of the above, there is no basis for granting the applicant's request.


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)                                         AR20100015543



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110019665



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1