RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 April 2005
      DOCKET NUMBER:  AR20040004132


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Infante                  |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Mr. Peter B. Fisher               |     |Member               |

      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, in effect, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that he is entitled to the CIB based
on his combat service in Southwest Asia (SWA) during Operation Desert
Storm.  The applicant claims that he was unaware the CIB was not included
in the awards listed on his separation document (DD Form 214) and that
others in his unit received the award.  He also provides names and social
security account numbers (SSAN) of other Solders in his unit that received
the CIB and requests their records be checked to confirm his entitlement.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 5 November 1993.  The application submitted in this case
is dated
7 June 2004.

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.  The applicant’s record shows that he enlisted in the Regular Army and
entered active duty on 3 April 1990.  He was trained in, awarded and served
in military occupational specialty (MOS) 11M (Fighting Vehicle
Infantryman).

4.  The applicant’s record confirms that he served in SWA from 22 December
1990 through 3 May 1991.  During this period, he was assigned to C Company,
4th Battalion, 7th Infantry Regiment, performing duties in MOS 11M.

5.  The applicant’s Personnel Qualification Record (DA Form 2-1) indicates,
in Item 9 (Awards, Decorations & Campaigns), that he earned the following
awards during his tenure on active duty:  Army Service Ribbon (ASR), Army
Commendation Medal (ARCOM), Army Achievement Medal (AAM), National Defense
Service Medal (NDSM), SWA Service Medal (SWASM) with 3 bronze service
stars, Kuwait Liberation Medal (KLM) and Overseas Service Ribbon (OSR).

6.  The applicant’s Military Personnel Records Jacket (MPRJ) is void of any
orders or documents that indicate the applicant was awarded the CIB while
serving in SWA.

7.  On 5 November 1993, the applicant was separated from the Army, by
reason of misconduct, and received an under other than honorable conditions
(UOTHC) discharge.  The DD Form 214 he was issued at the time confirms he
completed a total of 3 years, 7 months and 3 days of active military
service and that he served in SWA from 22 December 1990 through 3 May 1991.


8.  The applicant’s separation document also confirms that he had held and
served in MOS 11M for 3 years and 3 months, and that he earned the
following awards during his active duty tenure:  ARCOM, AAM, NDSM, ASR,
OSR, Sharpshooter Qualification Badge with Rifle and Hand Grenade Bars,
SWASM with 3 bronze service stars, and KLM.

9.  Unit history records show that during Operation Desert Storm, the
4th Battalion, 7th Infantry Regiment was part of a brigade attached to
1st Armored Division during offensive operations against Iraqi Republican
Guard Forces Command (RGFC) from 24 to 28 February 1991.  The brigade led
the
1st Armored Division and VII Corps’ main attack against the RGFC.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 of the award
regulations contains guidance on award of combat badges.  It states, in
pertinent part, that the CIB is awarded to infantry officers and to
enlisted and warrant officer personnel who have an infantry MOS.  They must
have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.

11.  Paragraph 9-20 of the awards regulation contains guidance on award of
the KLM-Saudi Arabia.  It states, in pertinent part, that it is authorized
to members who served in Operation Desert Storm during the period 17
January 1991 through 28 February 1991.  In November 1995, The Secretary of
Defense also authorized qualified Soldiers who served in SWA during
Operation Desert Storm between 2 August 1990 and 31 August 1993 to accept
and wear the
KLM-Kuwait.

12.  Records maintained at the Awards Branch. United States Army Human
Resources Command (HRC), confirm that the applicant’s unit (C Company,
4th Battalion, 7th Infantry) was awarded the Valorous Unit Award (VUA) for
the period 24-28 February 1991 in Department of the Army (DA) General
Orders (GO) Number 27, dated 27 December 1994.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB was carefully
considered
and found to have merit.  The record confirms the applicant served in SWA
from 22 December 1990 through 3 May 1991.

2.  The evidence of record also confirms that while serving in combat
operations during Operation Desert Storm, the applicant held and was
serving in an infantry MOS, in a qualifying infantry unit (4th Battalion,
7th Infantry).  The combat participation of the applicant’s unit is
verified in unit history records documenting its extensive combat
operations against the RGFC during the period 24 through 28 February 1991.
These unit historical records also confirm the unit had no mission other
than combat operations while in SWA.  As a result, the applicant’s service
in SWA with his unit is evidence of his participation in combat.  This is
further corroborated by his unit receiving the VUA for its SWA combat
service during the applicant’s tenure of assignment.

3.  In view of the facts of this case, the overwhelming preponderance of
the evidence appears to satisfy the regulatory burden of proof necessary to
support award of the CIB.  Thus, it would be appropriate to award the
applicant the CIB and add it to his record and separation document at this
time.

4.  The evidence of record also shows that based on his service and in SWA,
the applicant is entitled to the VUA, KLM-Saudi Arabia and KLM-Kuwait.
Thus, these awards should also be added to his record and separation
document at this time.
BOARD VOTE:

___PBF _  ___REB _  ___JI ___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 awarding him the Combat Infantryman
Badge; by amending Item 13 (Decorations, Medals, Badges, Citations and
Campaign Ribbons Awarded or Authorized) of his 5 November 1993 DD Form 214
by modifying the list of awards by deleting the Kuwait Liberation Medal and
adding the Valorous Unit Award, Kuwait Liberation Medal-Saudi Arabia and
Kuwait Liberation Medal-Kuwait; and by providing him a corrected separation
document that reflects these awards.




            ____John Infante_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040004132                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/04/28                              |
|TYPE OF DISCHARGE       |UOTHC                                   |
|DATE OF DISCHARGE       |1993/11/05                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Misconduct                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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