IN THE CASE OF: BOARD DATE: 17 November 2015 DOCKET NUMBER: AR20150004146 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 of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * his rank/grade as private first class (PFC)/E-3 * he was awarded the Combat Infantryman Badge (CIB) 2. The applicant states, in effect, that he was discharged as a private and on 14 March 1986, a grade determination board changed his discharge rank/grade to PFC/E-3 which is not reflected on his DD Form 214. He also contends he never received the CIB for actions in Grenada. 3. The applicant provides: * his DD Form 214 for the period ending 16 December 1985 * a memorandum from U.S. Army Military Personnel Center, dated 14 March 1986, subject: Correction for a Member's Retired Grade for Physical Disability Retirement * an extract of OSA (Office of the Secretary of the Army) Form 172, page 5, dated 6 February 1986 * a DA Form 2173 (Statement of Medical Examination and Duty Status), dated 15 December 1983 * a letter from Chief, Case Management Division, U.S. Army Review Boards Agency (ARBA), dated 7 January 2015 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 is requesting correction of his DD Form 214 to show his rank and grade as authorized by a grade determination review board. A review of his record reveals a DD Form 215 (Correction to DD Form 214) dated 2 August 2013, corrected his DD Form 214 to show his rank and grade as PFC/E-3. Since the correction has already been completed, this portion of his request will not be discussed further in this record of proceedings. A copy of this DD Form 215 will be provided to the applicant. 3. The applicant enlisted in the Regular Army on 8 June 1982. He completed training and was awarded military occupational specialty (MOS) 11B (Infantryman). The highest rank/grade he attained during his period of active service was specialist four (SPC)/E-4. 4. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in: * Item 5 (Oversea Service), he served in Asia-Middle East and Africa (AMEA-ST) Sinai, from 17 February 1983 to 18 August 1983 * Item 35 (Record of Assignments), he was assigned to Company C, 2nd Battalion, 508th Infantry Regiment, Fort Bragg, North Carolina, from on or about 21 October 1982 to on or about 28 June 1984 5. His record contains a signed DA Form 2173 (Statement of Medical Examination and Duty Status) that indicates on 29 October 1983, while in Grenada, he injured his back while marching in the mountains. He was assigned to Company A, 2nd Battalion, 508th Infantry Regiment. This form further indicates he was examined for this injury at the military medical facility at Fort Gordon, Georgia on 4 November 1983. 6. Orders 116-70, issued by Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina on 19 June 1984, reclassified him from MOS 11B to MOS 81E (Illustrator) effective 29 June 1984. 7. He was honorably discharged from the Army on 16 December 1985. His DD Form 214 shows he was discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation), chapter 4-24e (3), by reason of physical disability with severance pay. 8. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the CIB. 9. There are no official orders in his available record awarding him the CIB. 10. A review of the applicant's available record does not show he was engaged in active ground combat while serving in Grenada. 11. The applicant provides: a. Two documents that show the U.S. Army Grade Determination Review Board determined his appropriate separation rank/grade to be that of PFC/E-3. b. A DA Form 2173, dated 15 December 1983, that shows he suffered a back injury when he was marching in the mountains in Grenada on or about 29 October 1983. c. A letter from the Chief, Case Management Division, ARBA, dated 7 January 2015, which advised him that his first application was returned without action and without prejudice due to the non-availability of his service records. 12. Army Regulation 600-8-22 (Military Awards) states 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. Combat service or campaign credit alone is not sufficient to award the CIB. DISCUSSION AND CONCLUSIONS: 1. The applicant's request for award of the CIB and correction of his DD Form 214 to show this award was carefully considered. 2. The applicant's infantry MOS and assignment to an infantry unit are not in question. However, there is no evidence in the available record, and he did not provide evidence that substantiates his engagement in active ground combat with an infantry unit of brigade or smaller size while in Grenada as required by applicable regulations. 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 that 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) AR20140020347 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150004146 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1