PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                7 October 1998
	DOCKET NUMBER:        AC98-05317

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Loren G. Harrell		Director	
	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. Samuel A. Crumpler		Chairperson	
	Mr. James E. Vick		Member	
	Mr. Luther L. Santiful		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests correction of his records to show award of the Expert Infantryman Badge, the Combat Infantryman Badge, the combat patch (properly known as the shoulder sleeve insignia for former wartime service), and the Multinational Force and Observers (MFO) Medal.

3.  The applicant states that these awards are missing from his DD Form 214 (Certificate of Release or Discharge from Active Duty).  In support of his application, he submits copies of Leave and Earnings Statements and a copy of his passport for MFO duties.

4.  The applicant’s military records show the applicant entered active duty in September 1987 and served as an infantryman.  He was discharged under other than honorable conditions on 19 September 1991.

5.  The applicant’s DD Form 214 does not show award of the Expert Infantryman Badge, the Combat Infantryman Badge, the shoulder sleeve insignia for former wartime service, and the Multinational Force and Observers (MFO) Medal.  The Board notes the applicant was awarded the Good Conduct Medal for the period 22 September 1987 to 21 September 1990 which is not shown on his discharge document.

6.  There is no evidence in the applicant’s personnel records that he qualified for or was awarded the Expert Infantryman Badge.

7.  The applicant provided a copies of his Leave and Earnings Statements for the period December 1989 and January 1990 which show he received oversea pay for the period 23 December 1989 to 20 January 1990 and danger pay from 1 December 1989 to 30 January 1990.  However, there are no orders or other indication that the applicant was recommended for or awarded the Combat Infantryman Badge. 

8.  There is no annotation or roster in the applicant’s records showing that he was authorized to wear the shoulder sleeve insignia for former wartime service.

9.  The applicant provided copies of his Leave and Earnings Statements for the period April 1989 through October 1989.  The documents show that the received oversea pay from 5 April 1989 to 5 October 1989.  He also submitted a copy of his passport which states:  “THE BEARER IS ASSIGNED TO THE MULTINATIONAL FORCE AND OBSERVERS.”

10.  The applicant was awarded the Good Conduct Medal for the period 22 September 1987 to 21 September 1990 by 7th Infantry Division Permanent Orders Number 178-307, dated 19 September 1990.
11.  Army Regulation 600-8-22 prescribes Army policy and procedures for awards, and Paragraph 8-8 provides for award of the Expert Infantryman Badge. Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a soldier must be in an active Army status and must have an infantry or special forces specialty.

12.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB), and paragraph 8-6j specifies that for Panama (Operation Just Cause) individuals must have met the criteria in paragraphs 
8-6b and c to be awarded the CIB.  These paragraphs states that 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, in effect, that an Army enlisted soldier must be have an infantry or special forces specialty, 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 recipient 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.

13.  Army Regulation 670-1 governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch”.  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  Authority for wear of the shoulder sleeve insignia for former wartime service for Operation Just Cause was announced in Headquarters Department of the Army message with date/time group 061330Z March 1990.

14.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Multinational Force and Observers (MFO) Medal which was accepted by the President on 28 July 1982.  To qualify for the award, personnel must have served with the MFO at least 90 days cumulative after 3 August 1981. Effective 15 march 1985, personnel must serve six months (170 days minimum) with the MFO to qualify for the award.  Periods of service on behalf of the MFO outside of the Sinai and periods of leave while a member is serving with the MFO may be counted toward eligibility for the MFO medal.  If an individual has not completed a cumulative six month tour, then he or she is not eligible for award of the MFO medal unless the award is to be made posthumously, the member is medically evacuated due to service incurred injuries or serious illness,  or the member is withdrawn at the request of the parent government for national service reasons under honorable conditions.  Qualifying time for award of the MFO medal may be lost for disciplinary reasons.

CONCLUSIONS:

1.  There is no evidence of record, and the applicant has provided no evidence, which shows that he completed testing for or was awarded the Expert Infantryman Badge; therefore, he is not entitled to award of this badge. 

2.  Evidence of record shows the applicant served in Operation Just Cause in Panama from 23 December 1989 to 20 January 1990.  However, there is no evidence of record which shows that he met the regulatory requirements for award of the Combat Infantryman Badge in effect during Operation Just Cause or was awarded the Combat Infantryman Badge.  Therefore, he is not entitled to award of the Combat Infantryman Badge.

3.  Based on his participation in Operation Just Cause, the applicant is entitled to wear the shoulder sleeve insignia for former wartime service of the 7th Infantry Division which was his unit of assignment at the time.  The shoulder sleeve insignia for former wartime service is not entered on the DD Form 214, but a copy of the authorizing message has been placed in the applicant’s records by the case analyst.

4.  Evidence of record shows that the applicant served a period of qualifying service for award of the Multinational Force and Observers Medal; therefore, he is entitled to correction of his records to show this award.

5.  The applicant was awarded the Good Conduct Medal, therefore, he is entitled to correction of his records to show this award.

6.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Multinational Force and Observers Medal and the Good Conduct Medal for the period 22 September 1987 to 21 September 1990.

2.  That so much of the application as is in excess of the foregoing be denied 

BOARD VOTE:  

SAC____  JEV_____  LLS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON