IN THE CASE OF:	  PAYNE, JOHN M. 

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140002040 


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 he was awarded the Combat Infantryman Badge and the duration of his deployment in theater.

2.  The applicant states he noticed these omissions at the time of his discharge, but was told he would have to provide orders to prove his combat time.

3.  Although the applicant indicates that he provides "Military Orders," what he actually provides is an unsigned 21-page memorandum prepared on behalf of the former commander of Company A, 3rd Battalion, 15th Infantry Regiment, Fort Stewart, GA on 4 April 1994, Subject:  Recommendations for the Combat Infantryman 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 15 January 1991.  Upon completion of initial entry training he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  He was assigned to Headquarters and Headquarters Company, 3rd Battalion, 15th Infantry Regiment, Fort Stewart, GA from 20 May 1991 to 10 March 1994.

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows the following pertinent information:

	a.  He completed the 20-week Aircraft Electronics Repairer course in 1994 and was awarded primary MOS 68F (Aircraft Electrician).

	b.  He was assigned to an aviation brigade at Fort Hood, TX from 20 October 1994 to 5 May 1997.

	c.  He was assigned to the 377th Medical Company, Camp Humphreys, Korea from 6 May 1997 to 26 April 1998.  He was credited with the completion of a 12-month overseas tour in Korea.

	d.  He was assigned to the 85th Medical Evacuation Detachment, Fort Lewis, WA from 1 June 1998 until the date of his discharge.

	e.  There is no indication that he deployed to a hostile area.

	f.  There is no indication that he was awarded the Combat Infantryman Badge.

4.  His record contains a DA Form 4980-18 (Army Achievement Medal Certificate), dated 22 December 1998, which shows he was awarded the Army Achievement Medal for meritorious service while assigned to the 54th Medical Company during Kuwait Rotation Intrinsic Action 98-03 from 4 September to 19 December 1998.

5.  On 13 November 1999, he was honorably discharged after completing 8 years and 9 months of active service.  

	a.  Item 12f (Foreign Service) of his DD Form 214 shows he completed a total of 1 year of foreign service.

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the:

* Army Good Conduct Medal (2nd Award) 
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Aircraft Crewman Badge
* Driver and Mechanic Badge with Driver-W Bar

	c.  Item 18 (Remarks) of his DD Form 214 does not indicate he deployed to a hostile area.

6.  The Defense Finance and Accounting Service (DFAS) confirmed that he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for his deployment to Somalia from 28 October 1993 through 10 March 1994, a period of 4 months and 11 days.  It also shows he received HF/IDP and CZTE for his deployment to Kuwait from 6 September through 23 December 1998, a period of 3 months and 18 days.

7.  A review of his available personnel service record failed to show any evidence and he did not provide any evidence that shows he ever performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.  Additionally, there is no evidence showing that he was ever awarded the Combat Infantryman Badge.

8.  He provides an unsigned 21-page memorandum prepared on behalf of the Commander, Company A, 3rd Battalion, 15th Infantry Regiment, Fort Stewart, GA on 4 April 1994, Subject:  Recommendations for the Combat Infantryman Badge.  This memorandum provides a synopsis of the combat actions of the unit during their deployment to Somalia from 22 to 28 October 1993 as part of TASK FORCE 1-64 Armor to provide protection for U.S. and United Nations Forces participating in Operation Restore Hope II.  Paragraphs 4A, 4B, 4D, 4E, and 4F of this memorandum indicate the applicant was recommended for award of the Combat Infantryman Badge for specific combat actions.

9.  A random review of the personnel files of other Soldiers whose names appeared in the memorandum discussed in paragraph 8 above revealed that they had been awarded the Combat Infantryman Badge for actions in Somalia during the period of the applicant's deployment.  These Soldiers were specifically awarded the Combat Infantryman Badge for satisfactory performance of infantry duties in active ground combat in Somalia effective 12 January 1994 under the authority of Paragraph 5-7, Army Regulation 672-5-1 (Decorations, Awards, and Honors) and U.S. Army Personnel Command Message (PERSCOM MSG), Date/Time Group (DTG) 120630 Oct 93, Subject:  Award Approval Authority for Operations Other Than War in Somalia.

10.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, service medals and ribbons, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	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 Operation Restore Hope and Operation United Shield in Somalia from 5 December 1992 through 31 March 1995.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contained item-by-item instructions for preparation of the DD Form 214 and specified to:

	a.  In item 12f, enter the total amount of foreign service completed during the period covered;

	b.  In item 13, list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviations; and


	c.  In item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" in the remarks block.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show he was awarded the Combat Infantryman Badge and the duration of his deployment in theater was carefully considered and determined to have partial merit.

2.  He deployed to Somalia from 28 October 1993 through 10 March 1994, a period of 4 months and 11 days, and to Kuwait from 6 September through 23 December 1998, a period of 3 months and 18 days.  Therefore, he is entitled to correction of his DD Form 214 to show this 7 months and 28 days of foreign service in addition to the 1 year currently shown for his tour of duty in Korea.

3.  His foreign service in Somalia also qualified him for entitlement to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

4.  His foreign service in Korea qualified him for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show this medal.

5.  Evidence clearly shows the applicant held an infantry MOS while assigned to an infantry unit during his deployment to Somalia.  Although the applicant's personnel service record is void of orders showing that he was awarded the Combat Infantryman Badge, the memorandum he provided is accepted as evidence that shows he performed the duties of an infantryman in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size and that he was recommended for award of the badge.  The fact that his unit members whose names also appeared in the recommendation received the Combat Infantryman Badge further corroborates his entitlement to the same.
In view of the foregoing, there is a sufficient basis to warrant awarding him the Combat Infantryman Badge.






BOARD VOTE:

____x___  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

	a.  awarding him the Combat Infantryman Badge for satisfactory performance of infantry duties in active ground combat in Somalia effective 12 January 1994 under the authority of Paragraph 5-7, Army Regulation 672-5-1 and PERSCOM MSG, DTG 120630 Oct 93, Subject:  Award Approval Authority for Operations Other Than War in Somalia.

	b.  amending his DD Form 214 to delete the current entry in item 12f and replacing it with the entry "0001  07  28";

	c.  amending his DD Form 214 to add to item 13 the Armed Forces Expeditionary Medal, the Korea Defense Service Medal, and the Combat Infantryman Badge; and

	d.  amending his DD Form 214 to add to item 18 the entry "SERVICE IN SOMALIA FROM 19931028-19940310//SERVICE IN KUWAIT FROM 19980906-19981223."



      _______ _   _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)                                         AR20140002040





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ABCMR Record of Proceedings (cont)                                         AR20140002040



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