BOARD DATE:	 22 September 2015        

		DOCKET NUMBER:  AR20150001701 


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, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Combat Infantryman Badge (CIB) and all other awards he may have earned, including awards for his service during Operation Just Cause (OJC) in Panama.

2.  The applicant states:

   a.  He served in Panama before, during, and after OJC.  Due to his military 
occupational specialty (MOS), those beneath him received the CIB while he did not.  

   b.  Everyone serving in Panama received the Armed Forces Expeditionary Medal (AFEM); however, he did not because it was awarded after he left Panama.

   c.  His unit, the 193rd Infantry Brigade, also received a unit citation for Panama but he never received one.

   d.  He discovered a veteran’s bonus program for Ohio residents who served during a time of conflict.  If he was in theater, he would qualify for a $1,000.00; if he was not, he would only qualify for $500.00.  However, not only is Panama is not listed as a “theater” on his DD Form 214, neither is his service for OJC in Panama.

3.  The applicant provides no additional documentary evidence in support of this application.

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 16 July 1985 and immediately reenlisted on 30 January 1989.  After initial training, he was awarded MOS 63B (Light Wheel Vehicle Mechanic).  The highest grade he held on active duty was sergeant (SGT)/E-5.

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

a.  Item 5 (Overseas Service):

* Korea: 29 January 1986 through 28 January 1987
* Panama: 22 June 1989 through 13 December 1991

b.  Item 9 (Awards, Decorations and Campaigns):

* Parachutist Badge
* Army Service Ribbon (ASR)
* Army Achievement Medal (AAM) (2nd Award)
* Noncommissioned Officer Professional Development Ribbon (NCOPDR)
* Army Good Conduct Medal (AGCM) (2nd Award)
* AFEM
* Driver’s Badge
* Mechanic’s Badge
* Overseas Service Ribbon (2nd Award)
* Army Commendation Medal (ARCOM) (2nd Award)
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
c. Item 27 (Remarks):  the entry "Duty in Imminent Danger Pay Area (Panama) 891220 – 900131.”

d. Item 35 (Record of Assignments):

* Headquarters and Headquarters Detachment (HHD) 60th Transportation Battalion, Korea 
* Headquarters and Headquarters Company (HHC), 5th Battalion, 87th Infantry, Fort Clayton, Panama 

4.  On 29 January 1993, the applicant was honorably discharged at the expiration of his term of service.  He completed 7 years, 6 months, and 14 days of creditable active service during this period of service.

5.  The applicant's DD Form 214 shows in:

a.  Item 12f (Record of Service – Foreign Service): “03 05 22”.

b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* ASR
* National Defense Service Medal (NDSM)
* OSR (2nd Award)
* Mechanic’s Badge
* AGCM (2nd Award)
* AAM (2nd Award)
* ARCOM (3rd Award) 
* Driver’s Badge
* NCOPDR (2nd Award)

6.  The applicant provides a copy of Headquarters, III Corps and Fort Hood, Orders 198-41 dated 29 June 1989 that states, effective 29 June 1989, the applicant was to be assigned to HHC, 1st Battalion, 508th Infantry Battalion, Fort Kobbe, Panama.  

7.  The applicant provides a copy of Headquarters, U.S. Army South Orders 
135-02 that shows he was assigned to HHC, 5th Battalion, 87th Infantry, when he departed Panama on 3 September 1991.

8.  Department of the Army General Orders (DAGO) Number 20, dated 30 August 1991 show the 5th Battalion, 87th Infantry was awarded the Army Superior Unit Award (ASUA) for the period of 1 February 1990 to 31 December 1990.  

9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The AFEM 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 Panama in support of OJC from 20 December 1989 through 31 January 1990.  

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

     c.  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.  Specific requirements state that 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show he received the CIB and all medals, citations, and ribbons earned was carefully considered.

2.  His records do not contain orders awarding him the CIB. In addition, there is no evidence in his record nor does he submit any substantiating evidence to show he served in a qualifying MOS during active ground combat.

3.  DAGO Number 20 awarded the ASUA to the 5th Battalion, 87th Infantry, for a period during which he was assigned.  

4.  His DA Form 2-1 shows he was authorized the AFEM for service in Panama during OJC.  
5.  His records show his service in Korea met the criteria for the KDSM.
 
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 adding to his DD Form 214 the:

* AFEM (Panama)
* KDSM
* ASUA

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 the CIB.  



                               __________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)                                         AR20080007673



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ABCMR Record of Proceedings (cont)                                         AR20150001701



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