RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050000083


      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. Prevolia A. Harper            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughnessy Jr.   |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 correction of his records to show award of the
Combat Infantryman Badge and the Army Commendation Medal.

2.  The applicant states that he had a combat specialty military
occupational specialty (MOS) and was assigned to an infantry battalion in
combat during Operation Desert Storm.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or which
occurred on 23 December 1991.  The application submitted in this case is
dated 24 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 limitations 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 19 February 1988.  He was trained in, awarded and
served in military occupational specialty (MOS) 11M20 (Fighting Vehicle
Infantryman) and the highest rank he attained while serving on active duty
was sergeant (SGT).

4.  The applicant’s record confirms that he served with the 4th Battalion,
7th Infantry Regiment, in Germany during the period 22 June 1988 to 15 June
1990.  He also served in Saudi Arabia from 27 August 1990 through
24 March 1991 in the MOS 11M.  During this period, he was assigned to
Headquarters and Headquarters Company, 1st Brigade, 24th Infantry Division
(Mechanized).

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record) indicates,
in Item 9 (Awards, Decorations & Campaigns), that he earned the following
awards during his tenure on active duty:  Army Service Ribbon (ASR),
Overseas Service Ribbon (OSR), Army Good Conduct Medal (AGCM) [this award
is not shown on his DD Form 214], the National Defense Service Medal
(NDSM), and the Southwest Asia Medal with bronze service star (BSS).  The
DA Form 2-1 also shows in item 17 (Civilian Education and Military Schools)
the applicant completed 13 weeks of training and was awarded the MOS 11B
(Infantryman) and two weeks training for the MOS 11M (Fighting Vehicle
Infantryman).

6.  The applicant’s DA Form 2-1 contains a date stamp in heavy bold and
states in part “Duty in Imminent Danger Pay Area (Southwest Asia) 900827 to
910324”.

7.  The applicant’s Official Military Personnel File (OMPF) is void of any
orders or documents that indicate the applicant was awarded the Combat
Infantryman Badge or the Army Commendation Medal.

8.  On 23 December 1991, the applicant was honorably separated, after
completing a total of 3 years, 10 months and 5 days of active military
service.  The DD Form 214 he was issued at the time confirms he had held
and served in MOS 11M during his tenure on active duty and that he earned
the following awards:  Army Achievement Medal, NDSM, SWA Service Medal with
2 bronze service stars, ASR, OSR, the Sharpshooter Qualification Badge with
Grenade Bar, the Expert Marksmanship Qualification Badge with Rifle Bar,
and the Army Lapel Button.

9.  The applicant’s record contains a memorandum, dated 30 May 1991 which
shows the applicant was awarded the AGCM.  This award is annotated on his
DA Form 2-1.  However, it is not shown on his DD Form 214.

10.  In connection with the processing of this case, a member of the Board
staff reviewed the Operation Desert Shield/Storm Personnel Roster.  This
search confirms the applicant served in Southwest Asia (SWA) and performed
duties in the MOS 11M (Fighting Vehicle Infantryman) during the period 28
August 1990 to 24 March 1991.

11.  A search of historical files of Headquarters and Headquarters Company,
24th Infantry Division were reviewed at the National Archives, Suitland,
Maryland.  The review revealed the applicant was recommended and approved
for the Army Commendation Medal based on Orders Number 4-1, Headquarters,
1st Brigade shown on the accompanying certificate.  The certificate states
the applicant was awarded the Army Commendation Medal for meritorious
achievement during the period 25 February 1991 to 28 February 1991.  The
search also revealed Permanent Orders Number 11-9, Headquarters, 24th
Infantry Division (Mechanized), dated 22 March 1991 which shows the
applicant was also awarded the Combat Infantryman Badge.

12.  Unit histories show that 24th Infantry Division was chosen for
deployment to Southwest Asia and served in the Defense of Saudi Arabia and
the Liberation and Defense of Kuwait campaigns.  The division helped to
arrest the Iraqi war machine.  In XVIII Corps' mission of envelopment, the
24th Infantry Division had the central role of blocking the Euphrates River
valley to prevent the escape
north of Iraqi forces in Kuwait and then attacking east in coordination
with VII Corps to defeat the armor-heavy divisions of the Iraqi Republican
Guard Forces.

13.  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.

14.  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.

15.  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.

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 28 August 1990 through 24 March 1991.  Although the applicant’s OMPF
is void of any orders for the CIB, a search of historical records at the
National Archives in Suitland, Maryland revealed the applicant was awarded
the CIB.

2.  Permanent Orders Number 11-9, Headquarters, 24th Infantry Division
(Mechanized), dated 22 March 1991 show the applicant was awarded the CIB.
The Operation Desert Shield/Storm Personnel Roster confirms the applicant
served in SWA and was performing duties in MOS 11M, from 28 August through
24 March 1991.  Therefore, the applicant is entitled to correction of his
records to show the Combat Infantryman Badge.

3.  Historical records also show the applicant was awarded the Army
Commendation Medal.  Therefore, he is entitled to have his records
corrected to show this award.

4.  The applicant met the qualifications for the AGCM and was recommended
for this award by his former chain of command.  It appears that this award
was inadvertently left off of his DD Form 214.  Therefore, the applicant is
entitled to correction of his records to show this award.

5.  The evidence of record also shows that based on his service in SWA, the
applicant is entitled to the KLM-Saudi Arabia and KLM-Kuwait.  Therefore,
his records should be corrected to show these awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 December 1991; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 December 1994.  Although the applicant did not file within the 3-year
statute of limitations, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

__JAE __  __TEO __  __CAK __  GRANT FULL 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 the Combat Infantryman Badge,
the Army Commendation Medal, the Army Good Conduct Medal (1st Award), the
Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait.



                                  ___James E. Anderholm___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050000083                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|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        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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