RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 September 2005
      DOCKET NUMBER:  AR20050002360


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, he was awarded the CIB, but it was not
added to the list of awards entered in his separation document (DD Form
214).

3.  The applicant provides a copy of his Personnel Qualification Record
(DA Form 2-1 and a Third-Party Statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 15 July 1999.  The application submitted in this case is
dated
25 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 that he enlisted in the Regular Army and
entered active duty on 17 March 1988.  He was trained in, awarded and
served in military occupational specialty (MOS) 11C (Indirect Fire
Infantryman), and the highest rank he attained while serving on active duty
was sergeant (SGT).

4.  The applicant’s record confirms that he served in SWA from 27 August
1990 through 25 March 1991.  During this period, he was assigned to 3rd
Battalion, 7th Infantry Regiment, performing duties in MOS 11C, as a mortar
gunner.

5.  The applicant’s 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), Overseas Service Ribbon (OSR), Army
Achievement Medal (AAM), National Defense Service Medal (NDSM),
SWA Service Medal (SWASM) with 2 bronze service stars, Kuwait Liberation
Medal (KLM), Army Good Conduct Medal (AGCM) and CIB.

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 15 July 1999, the applicant was honorably separated, by reason of
disability with severance pay, after completing a total of 11 years, 3
months and 29 days of active military service.  The DD Form 214 he was
issued at the time confirms he had held and served in MOS 11C for 11 years
and that he earned the following awards during his active duty tenure:  AAM
(2nd Award), AGCM (3rd Awd), NDSM, SWA Service Medal 2 bronze service
stars, ASR, OSR (2nd Award), Army Lapel Button, KLM-Kuwait, KLM-Saudi
Arabia, Expert Qualification Badge with Grenade Bar, Sharpshooter
Qualification Badge with Rifle Bar and Marksman Qualification Badge with
Pistol Bar.

8.  Unit history records show that during Operation Desert Storm, the
3rd Battalion, 7th Infantry Regiment deployed to Saudi Arabia as part of
the
24th Infantry Division in 1990, attacking into Iraq in February 1991,
leading the 24th Infantry Division into the Euphrates River Valley.

9.  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 SWA with the 3rd Battalion, 7th
Infantry Regiment, 24th Infantry Division, performing duties in MOS 11C
from
1 October 1990 through 23 March 1991.

10.  The applicant provides a third-party statement from an active duty
master sergeant who served with him in SWA.  This individual states that
during Operation Desert Storm, he was the applicant’s section sergeant, in
the
3rd Battalion, 7th Infantry Regiment, Mortar Platoon.  He further states
the applicant served with distinction and assisted in the capture of 13
enemy prisoners of war.  He further verifies the applicant’s actions earned
him the CIB.

11.  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 that he was awarded the CIB based on his service
in SWA was carefully considered and found to have merit.  The DA Form 2-1
provided by the applicant indicates he was awarded the CIB.  However, his
MPRJ is void of any orders, or other documents indicating he was formally
awarded the CIB by proper authority, and the CIB was not included in the
list of awards contained on his DD Form 214.

2.  The Operation Desert Shield/Storm Personnel Roster confirms the
applicant served in SWA with the 3rd Battalion, 7th Infantry Regiment, 24th
Infantry Division, performing duties in MOS 11C, from 1 October 1990
through 23 March 1991.

3.  The evidence of record 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 (3rd Battalion, 7th Infantry).
The combat participation of the applicant’s unit is verified in unit
history records documenting its combat operations in February 1991, when
the unit attacked into Iraq as the lead unit of the 24th Infantry Division
during operations in the Euphrates River Valley.  The applicant’s personal
participation in combat with the unit is verified by the Third-Party
statement he provides, and by the fact the unit historical records show no
other mission requirements for his unit other than combat operations while
in SWA.
BOARD VOTE:

___SLP__  ___RLD_  ___JRM _  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; and by providing him a corrected separation document that reflects
these awards.




            ____Shirley L. Powell ____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050002360                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1999/07/15                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability with Severance Pay           |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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