PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           22 February 2001
	DOCKET NUMBER:   AR2001052253

	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. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond V. O’Connor, Jr.		Chairperson	
	Mr. Ted S. Kanamine		Member	
	Mr. Stanley Kelley		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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB).

3.  The applicant states that he was awarded the CIB for his participation in the invasion of Panama.  He further states that he received orders awarding him the CIB after his DD Form 214 was prepared.  In support of his application he submits Permanent Orders 3-5, Department of the Army, Headquarters, Joint Task Force-South, dated 7 January 1990, awarding him the CIB.

4.  The applicant’s military records show that the applicant entered the Army on 16 February 1988 and served as an infantryman.  His awards include the Army Good Conduct Medal, the Expert Infantryman Badge, and the Parachutist Badge. He was honorably released from active duty on 15 February 1990 in pay grade E-4.

5.  The file indicates the applicant’s unit of assignment was C Company 3rd Battalion, 504th Infantry, 82nd Airborne Division, Fort Bragg, North Carolina. Permanent Orders 3-5, Department of the Army, Headquarters, Joint Task Force-South, dated 7 January 1990 shows the applicant was awarded the CIB.  

6.  Army Regulation 600-8-22 prescribes the Army policy and procedures concerning awards.  Paragraph 8-6 provides for the award of the CIB, and paragraph 8-6j specifies that for the Panama (Operation Just Cause from 
20 December 1989 to 31 January 1990) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB.  These paragraphs state 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 engaged in an active ground combat, and that he actively participated in such ground combat.  Specific requirements state, in effect, that an Army enlisted soldier must 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 an active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, and in a unit actively engaged in ground combat with the enemy.

CONCLUSIONS:

1.  The evidence of record shows that the applicant was an infantryman assigned to an infantry unit involved in a combat operation and was awarded the CIB in support of Operation Just Cause.  Therefore, he is entitled to correction of his records to show award of the CIB.
2.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case, particularly the DD Form 214 of the individual concerned, be corrected by showing that he was awarded the CIB.

BOARD VOTE:  

__RVO__  __TSK___  ___SK__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001052253	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20010222	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.