IN THE CASE OF:
BOARD DATE: 11 December 2014
DOCKET NUMBER: AR20140007978
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 reflect award of the Combat Infantryman Badge (CIB).
2. The applicant states he was awarded the CIB for his service in combat with the 3rd Battalion, 504th Parachute Infantry Regiment, during Operation Just Cause.
3. The applicant provides a letter from the National Personnel Records Center advising that no record has been found to show he is authorized award of the CIB.
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 28 April 1986. He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record Part II) does not show he was awarded the CIB.
4. Headquarters, 82nd Airborne Division, Orders 206-21, dated 9 November 1988, as well as item 35 (Current and Previous Assignments) of his DA Form 2-1 show he was assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment, 82nd Airborne Division, in MOS 11B.
5. His records do not contain orders awarding him the CIB and they do not contain orders deploying him to Panama in support of Operation Just Cause.
6. On 27 April 1990, he was released from active duty. His DD Form 214 does not show he was awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) states the CIB is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214 to reflect award of the CIB was carefully considered.
2. He contends he deployed to Panama and served in combat with 3rd Battalion, 504th Parachute Infantry Regiment, during Operation Just Cause for which he was awarded the CIB.
3. There is no evidence of record that he was awarded the CIB. There is no evidence he meets the requirements for award of the CIB. Although the applicant was assigned to Company B, 3rd Battalion, 504th Parachute Infantry Regiment, in MOS 11B, there is no evidence he deployed with that unit to Panama in support of Operation Just Cause and served in combat.
4. Therefore, the available evidence is insufficient to support the applicant's request for correction of his records to show award of the CIB.
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) AR20140007978
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ABCMR Record of Proceedings (cont) AR20140007978
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