BOARD DATE: 13 June 2013
DOCKET NUMBER: AR20120020841
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 that he be awarded the Combat Infantryman Badge (CIB) and that it be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states he was a member of A Company, 3rd Battalion, 9th Infantry Regiment, 7th Infantry Division when he deployed to Panama. He goes on to state that all members of the unit were awarded the CIB and he is entitled to be awarded one as well.
3. The applicant provides copies of his DD Form 214s.
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 22 September 1987 for a period of 3 years and 14 weeks, training as an infantryman, and assignment to the 7th Infantry Division. He completed his one-station unit training and was transferred to Fort Ord for his first and only duty assignment.
3. He continued to serve until he was honorably released from active duty (REFRAD) on 14 March 1990. He had served 2 years, 5 months, and 23 days of active service and his DD Form 214 issued at the time of his REFRAD shows he was awarded the Army Service Ribbon and his marksmanship badges.
4. A review of his official records failed to show evidence of the applicant deploying to Panama or being awarded the CIB.
5. The United States Invasion of Panama, code-named Operation Just Cause, was the invasion of Panama by the United States on 20 December 1989. The applicants unit was involved in the invasion.
6. Army Regulation 600-8-22 (Military Awards) states 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. Announcement in orders is required.
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he deployed to Panama with his unit is not in doubt, the evidence submitted with his application and the evidence of record fails to show that he did deploy with his unit.
2. Additionally, there is no evidence to show that he actively engaged the enemy during that operation.
3. Therefore, in the absence of evidence to show that he engaged the enemy in active ground combat, there appears to be no basis to grant his 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 that 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) AR20120020841
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20120020841
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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