RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          28 July 2005
      DOCKET NUMBER:  AR20040011093


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. James Gunlicks                |     |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 Action Ribbon,
the Combat Infantryman Badge, the Presidential Unit Citation, the Valorous
Unit Award, and the Combat Patch.  He also requests that his dates of
service in the Gulf War (Southwest Asia) be shown on his DD Form 214
(Certificate of Release or Discharge from Active Duty).

2.  The applicant states, in effect, that he served in the Gulf War in
support of Operation Desert Storm with Troop F, 2d Armored Cavalry Regiment
from
4 December 1990 to April 1991.  He contends that his DD Form 214 does not
show his tour in the Gulf War.  He also contends that he did not receive
the proper recognition of being a combat veteran and that he did not
receive any combat medals or the Combat Action Ribbon which was given to
everyone who served in Desert Storm whether or not they saw action.  He
further states that his unit was awarded various unit awards but none were
included in his records.

3.  The applicant provides five applications; a copy of his DD Form 214;
and a copy of a DD Form 215 (Correction to DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
7 September 1993.  The application submitted in this case is dated 25
November 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 Combat Action Ribbon is a Department of the Navy award; therefore,
this Board does not have authority to award the Combat Action Ribbon and it
is not discussed further in these Proceedings.  If the applicant had
service in the Navy and believes he is entitled to award of the Combat
Action Ribbon, then he may apply to the Board for Correction of Naval
Records.

4.  The applicant enlisted on 31 August 1989 for a period of 4 years.  He
successfully completed basic reconnaissance training in military
occupational specialty (MOS) 19D (cavalry scout).  His DA Form 2-1
(Personnel Qualification Record) shows he was assigned to Troop F, 2d
Squadron, 2d Armored Cavalry from 9 January 1990 through 24 February 1992.
His DD Form 214 shows that he served in Southwest Asia from 4 December 1990
to 15 April 1991.  On
7 September 1993, the applicant was released from active duty.

5.  The applicant's DD Form 214 shows the Good Conduct Medal, the National
Defense Service Medal, the Army Service Ribbon, the Overseas Service
Ribbon, the Marksman Marksmanship Qualification Badge with Rifle Bar, and
the Marksman Marksmanship Qualification Badge with Grenade Bar as
authorized awards.  Item 18 (Remarks) on his DD Form 214 shows, in
pertinent part, the entry, "SERVICE IN SWA [Southwest Asia] 4 DEC 1990 TO
15 APR 1991."

6.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

7.  The Military Awards Branch Army Numerical Unit Listing shows the
applicant's unit was not cited for award of the Presidential Unit Citation
while he was assigned to it.

8.  The Military Awards Branch Army Numerical Unit Listing does show the
applicant's unit (2d Squadron, 2d Armored Cavalry) was cited for award of
the Valorous Unit Award for actions during the period 23 February 1991 to
26 February 1991 based on Department of the Army General Order Number 27,
dated 1994.

9.  A DD Form 215, dated 6 February 1998, amended the applicant's DD Form
214 to show award of the Southwest Asia Service Medal with three bronze
service stars and the Kuwait Liberation Medal (SA) and (K).

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge 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 Combat Infantryman Badge during the period
17 January 1991 to 11 April 1991.  These paragraphs state that there are
basically three requirements for award of the Combat Infantryman Badge.
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 eligibility requirements are stated in
paragraph 8-6c(1) through (4) and essentially require that an Army enlisted
Soldier must have an infantry or special forces specialty and must have
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.
Finally, paragraph 8-6c(2) states:  “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.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation is awarded for extraordinary heroism in action.
A unit must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

12.  Army Regulation 670-1 governs the requirements for wear of the
shoulder sleeve insignia for former wartime service, commonly referred to
as a “Combat Patch”.  In pertinent part, the regulation authorizes optional
wear of the U.S. Army shoulder sleeve insignia of any former wartime unit
in which a Soldier served during a period of eligibility.  Periods of
eligibility are announced by Department of the Army and only shoulder
sleeve insignia approved for wear by Headquarters Department of the Army
are authorized to be worn on the right sleeve of the Army Green and field
uniforms to signify wartime service.  There are no provisions for entering
the shoulder sleeve insignia for former wartime service on the DD Form 214.


DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served with an armor unit and
held an armor MOS during his assignment in Southwest Asia.  There is no
evidence of record which shows he held an infantry MOS during his
assignment in Southwest Asia.  Therefore, there is insufficient evidence on
which to base award of the Combat Infantryman Badge in this case.

2.   The applicant's unit was not cited for award of the Presidential Unit
Citation while he was assigned to it.

3.  The applicant's unit was cited for award of the Valorous Unit Award
while he was assigned to it.

4.  Since the Combat Patch is an item of uniform wear, there is no basis
for granting the applicant's request to show the Combat Patch on his DD
Form 214.

5.  The evidence of record does not support the applicant's contention that
his DD Form 214 does not show his tour in the Gulf War.  Item 18 on his DD
Form 214 shows his dates of service in Southwest Asia (4 December 1990 to
15 April 1991).
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

WP_____  LB_____  JG______  GRANT PARTIAL 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 amending his DD Form
214 to add the Valorous Unit Award.

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, the Presidential Unit Citation, the
Combat Patch, and amending his DD Form 214 to show his dates of service in
Southwest Asia.




            __William Powers______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011093                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050728                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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