PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 17 September 2002
         DOCKET NUMBER: AR2002075373


         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. Hubert S. Shaw, Jr.		Analyst

The following members, a quorum, were present:

Mr. Elzey J. Arledge		Chairperson
Mr. Thomas B. Redfern		Member
Ms. Karen A. Heinz		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.

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2. The applicant requests correction of his records to show the Combat Infantryman Badge, the Kuwait Liberation Medal and the Bronze Star Medal.

3. The applicant states that the Combat Infantryman Badge was never placed on his DD Form 214 (Certificate of Release or Discharge from Active Duty). He also states that he was never issued the Kuwait Liberation Medal and it was not placed on his DD Form 214. The applicant also states that he “is entitled to the Bronze Star Medal due to receipt of the CIB" [Combat Infantryman Badge].

4. The applicant’s military records show that he entered active duty 9 October 1984 and completed training as a fighting vehicle infantryman in military occupational specialty (MOS) 11M. He served in Southwest Asia from 9 October 1990 to 17 March 1991. The applicant was honorably discharged on 24 September 1991.

5. The applicant's DD Form 214 does not show award of the Combat Infantryman Badge, award of either of the Kuwait Liberation Medals authorized for service during Operations Desert Shield and Desert Storm, or the Bronze Star Medal.

6. The applicant's service personnel records do not contain orders for award of the Combat Infantryman Badge. His DA Form 2-1 (Personnel Qualification Record (Part II) does not show the Combat Infantryman Badge as an authorized award.

7. The applicant's DA Form 2-1 shows that from 1 September 1989 through his separation from active duty on 24 September 1991 he was assigned in the duty MOS 76Y as the armorer for B Company, 3d Battalion, 41st Infantry.

8. There are no orders in the applicant’s service personnel records which show that he was awarded the Bronze Star Medal. There also is no evidence in his records that he was recommended for award of the Bronze Star Medal. His DA Form 2-1 (Personnel Qualification Record) does not show award of the Bronze Star Medal in item 9 (Awards, Decorations & Campaigns).

9. The applicant's records contain United States Army Forces Central Command Permanent Order 247-25, dated 18 December 1991, which awarded him the Army Commendation Medal with "V" Device for heroism in ground combat during the period 24 February 1991 to 27 February 1991. This award is not shown on the applicant's DD Form 214.

10. 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 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991. 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 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 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.

11. 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.

12. 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.

13. Army Regulation 600-8-22 also provides, in pertinent part, that the Bronze Star Medal is awarded for heroism and for meritorious achievement or service in military operations against an armed enemy. The Bronze Star Medal is authorized for each individual who was cited in orders or awarded a certificate for exemplary conduct in ground combat between 7 December 1941 and 2 September 1945 or whose achievement or service, during that period, was confirmed by documents executed prior to 1 July 1947. An award of the Combat Infantryman Badge or the Combat Medical Badge is considered to be a citation in orders. This means, in effect, that the Bronze Star Medal is to be awarded to individuals who were authorized either badge for service during World War II.

CONCLUSIONS:

1. The Board considered the applicant's request for award of the Combat Infantryman Badge.

2. Regulation governing award of the Combat Infantryman Badge during Operation Desert Storm required 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 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.

3. Evidence of record shows that the applicant was assigned to and performed in MOS 76Y during his service in Southwest Asia.

4. Based on the foregoing, the applicant is not entitled to award of the Combat Infantryman Badge because he did not serve in an infantry duty position during Operation Desert Storm.

5. The Board considered the applicant’s contention that he is entitled to the Bronze Star Medal based on award of the Combat Infantryman Badge. Notwithstanding the fact the applicant is not entitled to award of the Combat Infantryman Badge, the provision of regulation to which the applicant refers authorizes award of the Bronze Star Medal based on award of the Combat Infantryman Badge only to officers and enlisted men who earned the Combat Infantryman Badge and the Combat Medical Badge during World War II.

6. Orders show the applicant was awarded the Army Commendation Medal with “V” Device; therefore, he is entitled to correction of his records to show this decoration.

7. Based on the applicant’s service in Operation Desert Storm during the period 17 January 1991 through 17 March 1991, the applicant is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA). Therefore, he is entitled to correction of his records to show this foreign award.

8. Based on the applicant’s service in Operations Desert Shield and Desert Storm during the period 9 October 1990 through 17 March 1991, the applicant is entitled to award of the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K). Therefore, he is entitled to correction of his records to show this foreign award.

9. 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 showing the individual concerned was awarded the Army Commendation Medal with “V” Device, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

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

BOARD VOTE:

__EJA___ __KJH__ __TBR___ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Mr. Elzey J. Arledge__
                  CHAIRPERSON

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INDEX

CASE ID	AR2002075373
SUFFIX
RECON	YYYYMMDD
DATE BOARDED	YYYYMMDD
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE	YYYYMMDD
DISCHARGE AUTHORITY	AR . . . . .
DISCHARGE REASON
BOARD DECISION	(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY	MR SCHNEIDER
ISSUES 1.	107.0000.0000
2.
3.
4.
5.
6.