IN THE CASE OF:
BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004352
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 reconsideration for award of the Combat Infantryman Badge (CIB).
2. The applicant states he was assigned to Company B, 4th Battalion, 17th Infantry Regiment, Task Force Atlantic, Republic of Panama, from 28 October 1989 to 20 January 1990 vice Headquarters and Headquarters Company, 7th Infantry Division, during Operation Just Cause. He further states he was pinned with the CIB at a company ceremony shortly after returning from Panama.
3. The applicant provides three certificates and a portion of his DA Form 2-1 (Personnel Qualification Record Part II).
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110012589 on 19 January 2012.
2. Having prior service in the U.S. Army Reserve, the applicant enlisted in the Regular Army on 16 January 1979. He completed training and he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).
3. On 1 August 1990, the applicant was honorably discharged after completing 11 years, 6 months, and 16 days of active service this period. The DD Form 214 he was issued does not include the CIB in the list of earned awards. However, it does show he was awarded the Armed Forces Expeditionary Medal for service in Operation Just Cause.
4. The applicant's Army Military Human Resource Record is void of orders or any other documents which indicate he was ever recommended for or awarded the CIB during his active duty service.
5. The applicant provides a Jungle Operations Training Center certificate which was awarded to him on 20 January 1990 for exceptionally meritorious achievement while assigned to Bravo Company, 4th Battalion, 17th Infantry, Task Force Atlantic, Republic of Panama. He also provides two copies of a Joint Task Force South Operation Just Cause certificate which states he participated in the defense and stabilization of the Republic of Panama as a member of Joint Task Force South, U.S. Southern Command, from 20 December 1989 to 20 January 1990.
6. Army Regulation 600-8-22 (Military Awards), as amended by Military Personnel Message 08-190, states the CIB may be awarded to an infantryman satisfactorily performing infantry duties while assigned to an infantry unit during such time as the unit is engaged in active ground combat and actively participating in such ground combat. Specific requirements state that an Army Soldier must have an infantry or special forces specialty/MOS 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. A Soldier must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat with the enemy to close with and destroy the enemy with direct fires.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for reconsideration for award of the CIB was carefully considered. However, there is no evidence in his record which indicates he was ever recommended for or awarded the CIB during his active duty service.
2. To qualify for award of the CIB there must be evidence not only that the member held and served in an infantry MOS with a qualifying infantry unit, but also that he was present and personally participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.
3. The available evidence shows the applicant was an infantryman assigned to an infantry unit of brigade, regimental, or smaller size during Operation Just Cause in the Republic of Panama. However, the evidence does not show he served in active ground combat during this period of service.
4. In view of the foregoing, 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 to amend the decision of the ABCMR set forth in Docket Number AR20110012589, dated 19 January 2012.
____________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) AR20120004352
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ABCMR Record of Proceedings (cont) AR20120004352
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