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Decision Text

ARMY | BCMR | CY2002 | 2002072619C070403
Original file (2002072619C070403.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 19 September 2002
         DOCKET NUMBER: AR2002072619


         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. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Joann H. Langston Chairperson
Ms. Melinda M. Darby Member
Mr. Ronald E. Blakely 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 he be awarded the Combat Infantryman Badge (CIB).

3. The applicant states that he was an infantryman who fought in the Persian Gulf War, for which he was awarded the Purple Heart (PH).

4. The applicant’s military records show that he enlisted in the Regular Army on 1 September 1987, was awarded the military occupational specialty (MOS) of infantryman, and was promoted to the rank of sergeant.

5. He served in Southwest Asia from 8 January to 7 March 1991 as a Bradley Fighting Vehicle crewman assigned to Company B, 1st Battalion, 41st Infantry (Mechanized) Regiment, 2nd Armored Division (Forward). He was awarded the PH and the Army Commendation Medal (ARCOM) for Meritorious Service for his service in Southwest Asia. The applicant’s ARCOM award citation reads, in part, that the applicant, “sustained wounds during the conduct of a night attack against fortified enemy infantry and armor forces. His tenacity and perseverance in the face of the enemy were significant contributions to the success of the operation.”

6. The applicant was honorably released from active duty on 12 April 1991 at the expiration of his term of service. The DD Form 214, Certificate of Release or Discharge from Active Duty, he was issued shows that he was awarded the Army Service Ribbon, the Army Achievement Medal, the National Defense Service Medal, the Marksman Marksmanship Badge with rifle bar, and the Sharpshooter Marksmanship Badge with grenade bar.

7. The applicant was issued a DD Form 215, Correction to DD Form 214, on 20 July 1992 which added the Expert Infantryman Badge, the Southwest Asia Service Medal with 2 bronze service stars, the Kuwait Liberation Medal, and the Overseas Service Ribbon.

8. The applicant was issued a second DD Form 215 on 5 February 2002 which added his PH and ARCOM.

9. Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards. Paragraph 8-6 provides for award of the CIB. That paragraph 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.

10. This regulation also states that the Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia (KLM-SA), was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991. The Kuwait Liberation Medal, awarded by the Government of Kuwait (KLM-K), was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

11. Army Regulation 635-5 provides the procedures for issuing and completing DD Forms 214 and DD Forms 215. Paragraph 2–7 of this regulation, Issuing and Reissuing DD Form 214, states that once a DD Form 214 has been issued, it is not to be reissued except (in pertinent part) when two DD Forms 215 have been issued and an additional correction is required.

CONCLUSIONS:

1. The applicant was an infantryman assigned to an infantry company who served in combat in Southwest Asia. As such, he is entitled to the CIB.

2. In addition, the applicant's Kuwait Liberation Medal should be deleted and the KLM (SA) and the KLM (K) should be added.

3. Since two DD Forms 215 have already been issued to the applicant, the addition of these awards will constitute a third correction and will necessitate the issuance of a new DD Form 214.

4. 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 be corrected by:

a. awarding the individual concerned the CIB;

b. deleting the Kuwait Liberation Medal from his DD Form 214;

c. adding the KLM (SA) and the KLM (K) to his DD Form 214; and

b. issuing to him a new DD Form 214 which contains the CIB, the KLM (SA) and the KLM (K), along with the awards contained on his other two DD Forms 215.

BOARD VOTE:

___jhl___ ____reb__ ___mmd_ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ________Joann H. Langston_____
                  CHAIRPERSON




INDEX

CASE ID AR2002072619
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020919
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.



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