RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050002282


      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. Joyce A. Wright               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 that he be awarded the Combat Infantryman Badge
(CIB) and the Kuwait Liberation Medal (KLM), awarded by the Government of
Kuwait.

2.  The applicant states, in effect, that the CIB and the KLM are not
listed on his DD Form 214 (Certificate of Release or Discharge from Active
Duty).  He served with the 4th Battalion, 7th Infantry, 3rd Infantry
Division, and was attached to the 1st Armored Division during Operation
Desert Storm.

3.  The applicant provides a copy of his DD Form 214 and orders awarding
him the Army Commendation Medal (ARCOM) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant's military records show he entered active duty (AD) on
5 June 1990, as a fighting vehicle infantryman in military occupational
specialty (MOS) 11M.  He was promoted to specialist (SPC/E-4) effective
5 August 1992.  He continued to serve until he was honorably released from
AD on 3 March 1995 under the provisions of Army Regulation 635-200, chapter
13, for unsatisfactory performance.

2.  The applicant's DD Form 214 shows that he was awarded the Army Service
Ribbon, the National Defense Service Medal, the Overseas Service Ribbon,
the Southwest Asia Service Medal with three bronze service stars, the KLM,
the Army Good Conduct Medal, the Valorous Unit Award, the Army Achievement
Medal with 1st Oak Leaf Cluster, the ARCOM, the Expert Marksmanship
Qualification Badge with rifle bar, and the Marksman Marksmanship
Qualification Badge with hand grenade bar.  His DD Form 214 does not show
the CIB as an authorized award.  The KLM is shown but it is not identified
as having been awarded by the Government of Kuwait or the Kingdom of Saudi
Arabia.

3.  There are no orders in the applicant’s personnel records that show he
was awarded the Combat Infantryman Badge.

4.  Item 5 (Overseas Service), of his DA Form 2-1 (Personnel Qualification
Record), shows that he served in Saudi-Arabia from 26 December 1990 through
1 May 1991 (4 months) and in Germany from 2 May 1991 through 7 May 1992
(12 months).  Item 9 (Awards, Decorations and Campaigns) shows that he was
awarded the KLM.


5.  Item 35 (Record of Assignments) of his DA Form 2-1 shows that he served
as a rifleman in MOS 11M from 5 November 1990 to 6 May 1992 with Company B,
4th Battalion, 7th Infantry Regiment, in the Federal Republic of Germany
(FRG).

6.  Item 8a (Last Duty Assignment) of his DD Form 214 shows his unit as
Company D, 2nd Battalion, 16th Infantry, 1st Armored Division.

7.  The applicant provides a copy of orders awarding him the ARCOM while
assigned to Company B, 4th Battalion, 7th Infantry, 3rd Infantry Division.

8.  After a break in service, he reenlisted on 23 March 2005, as a light
weapons infantryman (11B), in the pay grade of E-2.  He was advanced to pay
grade E-3 effective 1 August 2005.  He is currently assigned to Fort
Campbell, Kentucky.

9.  Information provided by the Army Human Resources Command (AHRC), Awards
Branch stated that the Awards and Decorations Computer Assisted Retrieval
System (ADCARS) database failed to locate General Orders awarding the
applicant the CIB while he was assigned to the 4th Battalion, 7th Infantry,
3rd Infantry Division, which was attached to the 1st Armored Division
during the Persian Gulf War (Operation Desert Storm) from 26 December 1990
through 1 May 1991).  The Awards Branch recommended that the applicant seek
assistance from his current Administrative/Battalion S-1 office to contact
his former unit, the 4th Battalion, 7th Infantry, 3rd Infantry Division, to
determine if he and other fellow unit members were entitled to award of the
CIB and if appropriate orders were issued.  The Awards Branch does not
maintain copies of award orders issued by appropriate field commanders.

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.  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 requirements state, in effect, that an
Army enlisted Soldier must have an infantry or special forces specialty,
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.  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.  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.

12.  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.

DISCUSSION AND CONCLUSIONS:

1. The evidence shows that the applicant was assigned to an infantry unit
and served as a rifleman in the infantry MOS of 11M while deployed to Saudi-
Arabia. The evidence also shows that the AHRC, Awards Branch, was unable to
locate General Orders awarding the applicant the CIB during the period
26 December 1990 through 1 May 1991.  As a result, there is insufficient
evidence of record on which to base an award of the CIB.

2.  The Awards Branch suggested that the applicant seek assistance from his
current Administrative/Battalion S-1 office in contacting his former unit,
the 4th Battalion, 7th Infantry, 3rd Infantry Division, to determine if he
and other fellow unit members were entitled to award of the CIB and if
appropriate orders were published.

3.  The evidence shows that the applicant was awarded the KLM.  It is
believed that this KLM was awarded by the Kingdom of Saudi Arabia.  The
applicant met the criteria for award of the KLM-SA and KLM-K.  However, his
records failed to show which specific award was made.  Therefore, it would
be appropriate to correct his records by showing he was awarded the KLM-SA
and the KLM-K.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_JS_____  _KWL___  _LDS___  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by specifically identifying the already awarded KLM
as the KLM-SA and awarding the applicant the KLM-K.

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 to the applicant.




                                  _          John N. Slone_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002282                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |ACTIVE DUTY                             |
|DISCHARGE AUTHORITY     |AR .ACTIVE DUTY                         |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/GRANT                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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