IN THE CASE OF:	  

		BOARD DATE:  17 July 2012

		DOCKET NUMBER:  AR20120001122 


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 any medals or awards to which he is entitled for his participation in support of Operation Just Cause in Panama with Company B, 1st Battalion, 508th Parachute Infantry Regiment, such as the:

* Combat Infantryman Badge
* Combat Patch 
* Armed Forces Expeditionary Medal
* Army Superior Unit Award

2.  He states:

* the awards and medals were not put into law at the time of his separation
* he was stationed in Panama from August 1989 to May 1990
* a second lieutenant told him he was recommending him for distinguished awards

3.  He provides:

* DD Form 214
* Non-driver's identification (ID) card
* Department of Veterans Affairs ID card
* Letter addressed to his father


* Internet information on the 508th Infantry Regiment from Wikipedia website
* Listing of decorations

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 25 November 1986.  At the completion of basic combat and advanced individual training, he was awarded military occupational training (MOS) 12B (Combat Engineer). 

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record – Part II) shows he was assigned to Panama from 10 August 1989 through 30 April 1990 while assigned to Headquarters and Headquarters Company, 536th Engineer Battalion.  

4.  His service record contains several documents which indicate he was assigned to the 59th Engineer Company, 193rd Infantry Brigade in Panama, such as:

* DA Form 2823 (Sworn Statement)
* DA Form 4187 (Personnel Action)
* DA Form 268 (Report to Suspend Favorable Personnel Actions (FLAG))
* DA Form 4856 (General Counseling Form)

5.  On 1 May 1990, the applicant was discharged from the Army.  His DD Form 214 shows he was awarded or authorized the Army Service Ribbon, Army Achievement Medal, Expert Marksmanship Qualification Badge with Rifle (M-16) and Hand Grenade Bars, and Parachutist Badge.  His DD Form 214 also shows his last unit of assignment as the 59th Engineer Company.

6.  The applicant provided a letter addressed to his father from a former platoon leader.  The former platoon leader commended the applicant's service during his deployment to Panama in support of Operation Just Cause.

7.  The information from the internet which indicated the 1st Battalion, 508th Infantry Brigade was activated as part of the 193rd Infantry Brigade from 1987 to 1995 in Panama.  The 1st Battalion fought during Operation Just Cause, the invasion of Panama.  The document listed units involved in Operation Just Cause which included the 59th Engineer Battalion (Sapper), 193rd Infantry Brigade.  

8.  Headquarters, Department of the Army, Washington, DC, General Orders Number 20, dated 30 August 1991, awarded the 1st Battalion (Airborne), 508th Infantry Regiment the Army Superior Unit Award for the period 1 February to 31 December 1990.

9.  Headquarters, Department of the Army, Washington, DC, General Orders Number 31, dated 30 November 1992, indicates the 1st Battalion (Airborne), 508th Infantry Regiment received credit for assault landings at Fort Amador, Panama (helicopter) on 20 December 1989.  

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  This regulation states:

	a.  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 an Army enlisted Soldier must have an infantry or special forces specialty and must have 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.  The Combat Infantryman Badge is authorized for award for qualifying wars, conflicts, and operations, including Panama 
(20 December 1989 to 31 January 1990).

   b.  the Armed Forces Expeditionary Medal 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 the rapid deployment to Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.
   c.  the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The arrowhead is authorized for wear on the Armed Forces Expeditionary Medal.  
   
   d.  the Army Superior Unit Award was created in 1985 to recognize outstanding meritorious performance by a unit in completing a difficult and challenging mission under extraordinary circumstances during peacetime.  The criteria for award also requires that the unit display such outstanding devotion and superior performance so as to set it apart from and above other units with similar missions, defines “peacetime” as any period where wartime awards were not authorized in the geographic area in which the mission was executed, precludes award for purely humanitarian operations, and precludes award if the act has already been recognized by another unit award.
   
11.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  It further states that authorization applies to members of the Army who participated in Operation Just Cause who were assigned to the 82d Airborne Division in Panama from 
20 December 1989 to 31 January 1990.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions that he was attached to Company B, 1st Battalion, 508th Parachute Infantry Regiment during Operation Just Cause in Panama are acknowledged.  However, he was a Combat Engineer in duty MOS 12B.  He was not an infantryman, which is one of the basic eligibility requirements for award of the Combat Infantryman Badge.  Therefore, he did not meet the eligibility requirements for award of the Combat Infantryman Badge.  

2.  The Combat Patch is a shoulder sleeve insignia for former wartime service and is an item of clothing wear and not an award or decoration.  Therefore, it is not authorized for entry on the DD Form 214.
3.  The evidence of record and the evidence he provided indicate he was assigned to the 59th Engineer Company, 193rd Infantry Brigade (rather than to the 536th Engineer Battalion) and he served in Panama in support of Operation Just Cause.  Therefore, he is eligible for award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this award.

4.  General orders show the applicant's unit, the 1st Battalion (Airborne), 508th Infantry Regiment, was awarded the Army Superior Unit Award and received credit for participation in a helicopter assault landing.  Therefore, his DD Form 214 should be amended to reflect the Army Superior Unit Award with an arrowhead. 

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 amending item 13 of his DD Form 214 to show award of the Armed Forces Expeditionary Medal and Army Superior Unit Award with an arrowhead.

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 correction of his DD Form 214 to show award of the Combat Infantryman Badge and Combat Patch.




      ___________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)                                         AR20120001122





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20120001122



5


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1