PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:          18 June 2002                   
	DOCKET NUMBER:  AR2001063385

	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	
	Ms. Rosa M. Chandler		Analyst	

  The following members, a quorum, were present:

	Ms. Karol A. Kennedy		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Allen L. Raub		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) and the Expert Infantryman Badge (EIB).

3.  In support of his application, the applicant submits Permanent Orders Number 168-95, dated 30 August 1989; and Permanent Orders Number 15-1004 and 
15-1005, both dated 23 January 1990.  All orders were issued by Headquarters, 7th Infantry Division (Light) and Fort Ord, Fort Ord, California.  Permanent Orders Number 15-1004 is an alphabetical listing from “Albers” to “Mitchell” with no further identification of the purpose of the orders.  Permanent Orders Number 
15-1005 is an alphabetical listing from “Samuels” to “Woytach” and announces award of the CIB for the period 19 December 1989 to 13 January 1990.

4.  The applicant’s military records show that, on 14 April 1987, he enlisted in the Regular Army (RA) for 3 years and training in military occupational specialty (MOS) 11B (Infantryman).  He completed basic and advanced individual training at Fort Benning, Georgia, and was transferred to Fort Ord.  On 17 July 1987, he was assigned to Company C, 2nd Battalion, 27th Infantry Regiment.  At Fort Ord, he passed the EIB test and was awarded the EIB on Permanent Orders Number 168-95, dated 30 August 1989.

5.  The applicant’s unit participated in Operation Just Cause in Panama from 20 December 1989-31 January 1990.  It cannot be determined whether the applicant deployed with his unit and, if so, whether he participated in combat operations.

6.  On 6 February 1990, the applicant was honorably discharged for the purpose of immediate reenlistment.  He reenlisted on 7 February 1990.  and served until released from active duty on 10 January 1992.  His DD Form 214 shows that he served 4 years, 8 months, and 27 days of creditable service.  It does not show award of the CIB and/or EIB.

CONCLUSIONS:

1.  The available evidence shows that the applicant served in an infantry MOS and that he was assigned to an infantry unit that participated in Operation Just Cause.  However, there is no evidence to indicate that the applicant deployed to Panama with his unit or that he engaged in combat operations if he did deploy to Panama.

2.  Neither of the two sets of orders published on 23 January 1990 contains the applicant’s name.  The first set of orders (#15-1004) does not specify the purpose of the orders.  The second set of orders (#15-1005) announces award of the CIB.  Therefore, the applicant has not shown entitlement to award of the CIB.

3.  It is apparent to the Board that the copies of the orders submitted by the applicant are incomplete and do not include the names of all soldiers awarded the CIB by Company C, 2nd Battalion, 27th Infantry.  However, The Army Board for Correction of Military Records is not an investigative body; it decides cases on the evidence of record.  Should the applicant have a complete set of orders showing the purpose of those orders and including his name, he may resubmit his request for the CIB along with the supporting evidence.

4.  The applicant is entitled to have his DD Form 214 administratively corrected to show that he was awarded the EIB.

5.  In view of the foregoing, the applicant’s records should be corrected, but only, as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by issuing to the individual concerned a DD Form 215 (Correction to DD Form 214) to show in Item 13 on his DD Form 214 that he was awarded the EIB.

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

BOARD VOTE:  

__kak___  __mhm___  __alr___  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

			Karol A. Kennedy
		______________________
		        CHAIRPERSON

INDEX

CASE ID	AR2001063385	
SUFFIX		
RECON		
DATE BOARDED	20020618	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19920110	
DISCHARGE AUTHORITY	AR635-200	
DISCHARGE REASON	A07.00	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	144.0700	
2.		
3.		
4.		
5.		
6.