RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 MARCH 2004
      DOCKET NUMBER:   AR2003094030


      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. Deborah L. Brantley           |     |Senior Analyst       |


  The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Mr. Hubert O. Fry, Jr.            |     |Member               |
|     |Mr. Richard T. Dunbar             |     |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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests that his records be corrected to reflect award
of the Expert Infantryman Badge and the Combat Infantryman Badge.

2.  The applicant states both awards were omitted from his separation
document. He states that he has copies of orders awarding him the Expert
Infantryman Badge but that orders awarding him the Combat Infantryman Badge
were “lost during transit.”

3.  The applicant provides a copy of his Expert Infantryman Badge orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
20 December 1991.  The application submitted in this case is dated 2 June
2003.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  Records available to the Board indicate that the applicant entered
active duty on 13 September 1988.  In January 1989, following completion of
training, he was assigned to Germany as an “anti-tank infantryman” in
specialty 11H.  He was awarded the Expert Infantryman Badge in May 1989.
The 2nd Armored Division issued orders confirming the award.  Although the
badge is recorded in item 9 (awards, decorations & campaigns) on his
Department of the Army Form 2-1 (Personnel Qualification Record), it was
omitted from his separation document.

4.  In December 1990 the applicant deployed with his unit to Southwest Asia
in support of Operation Desert Shield/Storm.  He remained in that area
until May 1991 when he returned to Germany.

5.  The applicant returned to the United States in August 1991 and on
20 December 1991 was released from active duty with an honorable
characterization of service under an early transition program.

6.  Item 9 on the applicant’s Department of the Army Form 2-1 does not
reflect award of the Combat Infantryman Badge.  The applicant authenticated
the information contained on that document on 17 October 1991.
7.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.

8.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was
approved on 3 January 1992 and is awarded to those members who participated
in the Persian Gulf War from 17 January to 28 February 1991.  The Secretary
of Defense accepted an offer by the Government of Kuwait to award the
Kuwait Liberation Medal to members of the Armed Forces of the United States
who participated in operation Desert Shield and Operation Desert Storm
between
2 August 1990 and 31 August 1993.  These foreign decorations were omitted
from the applicant’s separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms that the applicant was awarded the Expert
Infantryman Badge.  His records should be corrected accordingly.

2.  While the evidence does show that the applicant was deployed to
Southwest Asia in support of Operation Desert Shield/Storm, there is no
evidence the applicant engaged in active ground combat and as such there is
no basis for an award of the Combat Infantryman Badge.

3.  The evidence does show, however, that the applicant is entitled to the
Kuwait Liberation Medals awarded by the Kingdom of Saudi Arabia and the
Government of Kuwait as a result of his service in Southwest Asia.

BOARD VOTE:

__MDM__  __HOF__  __RTD __  GRANT RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing:

      a.  he was awarded the Expert Infantryman Badge; and


      b.  that he is entitled to the Kuwait Liberation Medals awarded by the
Kingdom of Saudi Arabia and the Government of Kuwait.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge.





            ____Mark D. Manning____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2003094030                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040316                                |
|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.                      |                                        |