MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 8 October 2002
         DOCKET NUMBER: AR2002077066

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Ms. Jennifer L. Prater		Chairperson
Mr. Melvin H. Meyer		Member
Mr. James E. Anderholm		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: In effect, that he be awarded the Combat Infantryman Badge. The applicant further requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected accordingly.

APPLICANT STATES: That upon his return from Operation Desert Storm/Desert Shield, his platoon sergeant told him he could wear the Combat Infantryman Badge. His sergeant told him that wear of the Combat Infantryman Badge was authorized because they had attended Operation Desert Shield, that they had crossed the border into Iraq, that their unit had received enemy hostile fire, and that there had been casualties.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the US Army Reserve on 16 June 1988. On 8 June 1989, he entered active duty and was assigned to one stop unit training at Fort Benning, Georgia. The applicant was awarded the military occupational specialty 11M (Fighting Vehicle Infantryman) and was assigned to C Company, 1^st Battalion, 5th Cavalry Regiment of the 1^st Cavalry Division at Fort Hood, Texas, following completion of his training. While with that unit, he was deployed to Southwest Asia. He served in Southwest Asia from 9 October 1990 through
16 June 1991.

The applicant was honorably released from active duty and was transferred to the US Army Reserve Control Group (Reinforcement) in the rank and pay grade, Specialist, E-4, on 7 June 1993, on expiration of his term of service. On his release from active duty, he had completed 4 years active Federal service.

The applicant subsequently reenlisted on 22 April 1994 for 3 years in the pay grade E-4 and assignment to Fort Stewart, Georgia. On 25 May 1995, he was honorably discharged in the rank and pay grade, Private (E-2), under the provisions of Army Regulation 635-200, paragraph 14-12C(2), for misconduct. On his discharge date, he had completed a total of 5 years, 1 month and 4 days active Federal service and 1 year 10 months and 6 days inactive service.

The applicant’s DD Form 214, Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), for both periods of service, indicates award of the following: the Army Commendation Medal, the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, the Army Lapel Button, the Southwest Asia Service Medal with 3 bronze service stars, Kuwait Liberation Medal, and the Sharpshooter Marksmanship Qualification Badge with rifle and grenade bar.

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The applicant’s DD Forms 214 do not show that he was awarded the Combat Infantryman Badge. The Combat Infantryman Badge is not listed in Item 9 (Awards, Decorations & Campaigns) on the applicant's DA Forms 2-1, Personnel Qualification Record, Part II. There are no orders in the applicant's military personnel records and he has provided no documentary evidence to indicate that he was recommended for award of the Combat Infantryman Badge.

Present in his military personnel records jacket is an approved DA Form 638-1, Recommendation for Award (for other than valor). It was recommended that the
applicant be awarded the Army Commendation Medal for achievement for the period from 10 April 1991 through 15 June 1991. The award was approved for the applicant's participation as part of the 1^st Cavalry Division's Sea Port Embarkation Detachment which suggests that the unit was fully cognizant of its responsibilities with regards to the Army Awards Program. This award appropriately appears on the applicant's DD Forms 214 and DA Forms 2-1.

The applicant's DD Forms 214 do show, as indicated above, that he was awarded the Kuwait Liberation Medal; however, they do not specifically identify the country that made the award.

Army Regulation 600-8-22 prescribes Army policy and procedures concerning the Army Awards Program.

The Kuwait Liberation Medal (Saudi Arabia), 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 17January 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.

Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB). That paragraph states that there are 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.

The Combat Infantryman Badge was awarded to soldiers who participated in the Persian Gulf War during the period from 17 January to 11 April 1991. As with all

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other personal awards and decorations, a recommendation and approval was required.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. Evidence of record shows that the applicant served in Southwest Asia during the qualifying periods for which award of the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) are authorized. Therefore, he is entitled to award of both these service medals and entitled to have his
DD Forms 214 corrected to reflect both the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) among his awards and decorations.

2. The applicant was an infantryman who from all indications was satisfactorily performing infantry duties, he was assigned to an infantry unit during such time as the unit was deployed in support of Operations Desert Shield/Desert Storm; however, there is no evidence that the unit was engaged in active ground combat and that the applicant actively participated in such ground combat.

3. There is indication that suggests that the unit he served with during Operation Desert Shield/Desert Storm, the 1^st Cavalry Division, was fully cognizant of its responsibilities to soldiers with regards the Army's Awards Program. The Board is convinced that had the applicant merited award of the Combat Infantryman Badge, a recommendation would have been made for its award to him.

4. The applicant authenticated both his DD Form 214 which was issued on his release from active duty and the DD Form 214 which was issued on his discharge. There is no evidence that he questioned the absence of the Combat Infantryman Badge among his listed awards on the DD Forms 214 at these times. Additionally, on 27 January 1992, the applicant reviewed the DA Form 2-1 which was prepared and maintained during his first enlistment. On 7 September 1994, he reviewed his newly constructed DA Form 2-1 which was prepared and maintained during his second enlistment. Again, there is no evidence that he raised the issue of the award and posting of the Combat Infantryman Badge to his records at these times.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

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NOTE: The Army Review Boards Support Agency, St. Louis, Missouri, will be instructed to administratively amend the applicant's DD Forms 214 by deleting the Kuwait Liberation Medal from Block 13, DD Form 214 and by adding the following: the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) in Block 13, DD Forms 214.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__jlp___ __mhm___ __jea___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR200207066
SUFFIX
RECON
DATE BOARDED	20021008
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0111
3.
4.
5.
6.