RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           20 September 2005
      DOCKET NUMBER:  AR20050001100


      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. Yvonne Foskey                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James C. Hise.                |     |Chairperson          |
|     |Mr. Thomas E. O’Shaughessy        |     |Member               |
|     |Mr. Patrick H. McGann             |     |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, that the Combat Infantryman Badge
(CIB) be added to the list of awards contained on his separation document
(DD Form 214).

2.  The applicant states, in effect, that when he received his DD Form 214,
his CIB was not included in the list of awards contained in Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded).

3.  The applicant provides Headquarters, 3rd Armored Division Orders Number
37-44 and a Memorandum for Record, dated 23 May 1991, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 9 July 1993.  The application submitted in this case is
dated
7 January 2005.

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 he enlisted in the Regular Army and
entered active duty on 1 June 1990.  He was trained in, awarded and served
in military occupational specialty (MOS) 11M (Fighting Vehicle
Infantryman).

4.  The applicant’s record confirms he served in Southwest Asia (SWA) from
2 January 1991 through 20 May 1991.  During this period, he was assigned to

C Company, 5th Battalion, 5th Cavalry 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: Army Service Ribbon (ASR); National Defense Service Medal (NDSM);
Overseas Service Ribbon (OSR); Southwest Asia Service Medal (SWASM) with 2
bronze service stars; Army Commendation Medal (ARCOM); CIB; Kuwait
Liberation Medal (KLM); Sharpshooter Qualification Badge with Rifle Bar;
and Expert Qualification Badge with Grenade Bar.

6.  On 9 July 1993, the applicant was honorably separated from the Army
after completing 3 years, 1 month and 9 days of active military service.
The separation document (DD Form 214) he was issued confirms he served in
SWA from 2 January 1991 through 20 May 1991.

7.  The applicant’s DD Form 214 also confirms he held and served in MOS 11M
for 2 years and 10 months.  Item 13 (Decorations, Medals, Badges, Citations
and Campaign Ribbons Awarded or Authorized) shows he earned the following
awards during his active duty tenure:  NDSM, ASR, OSR, SWASM with 3 bronze
service stars, KLM, Expert Qualification Badge with Grenade Bar and
Sharpshooter Qualification Badge with Rifle Bar.

8.  The applicant provides a copy of Headquarters, 3rd Armored Division
Orders Number 37-44, dated 6 April 1991.  These orders awarded him the CIB
based on his engagement in active combat with enemy forces during the
period of
24 February 1991 through 28 February 1991.

9.  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.

10.  The Kuwait Liberation Medal was granted by decree of the King of Saudi
Arabia and accepted by the Deputy Secretary of Defense on 7 October 1991.
It was awarded to members who served in support of Operation Desert Storm
between 17 January 1991 and 28 February 1991.

11.  The Government of Kuwait offered the Kuwait Liberation Medal to
members of the Armed Forces of the United States and the medal was accepted
by Secretary of Defense on 16 March 1995..  It was awarded to members who
served in support of Operation Desert Shield or Desert Storm between 2
August 1990 and 31 August 1993.

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 2 January 1991 through 20 May 1991.

2.  The applicant’s DA Form 2-1 confirms he was awarded the CIB, and the
applicant provided a copy of the orders that awarded him the CIB based on
his engagement with enemy forces from 24 February 1991 through 28 February
1991.  Therefore, it would be appropriate to add the CIB to the applicant’s
separation document at this time.

3.  The record also confirms that based on his service in SWA, the
applicant is entitled to both the KLM-Saudi Arabia and KLM-Kuwait.  As a
result, it would also be appropriate to add these awards to his separation
document at this time.

BOARD VOTE:

___JCH__  __TEO__  __PHM__  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 amending Item 13 of his 9 July 1993 DD
Form 214 by deleting the Kuwait Liberation Medal portion of the entry, and
by adding the Combat Infantryman Badge, Kuwait Liberation Medal-Saudi
Arabia and Kuwait Liberation Medal-Kuwait; and by providing him a corrected
separation document that reflects these awards.




            ___James C. Hise_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050001100                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-09-20                              |
|TYPE OF DISCHARGE       |HD,                                     |
|DATE OF DISCHARGE       |1993/07/09                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Ch 16 Bar to Reenlistment               |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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