RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           10 November 2005
      DOCKET NUMBER:  AR20050003261


      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. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Army Commendation Medal
(ARCOM), Meritorious Service Medal (MSM) and Combat Infantryman Badge (CIB)
be added to his separation document (DD Form 214).

2.  The applicant states, in effect, he received these awards during his
service in Southwest Asia (SWA) in support of Operation Desert Storm.
However, these awards were never added to the DD Form 214 he received upon
his release from active duty (REFRAD) on 11 September 1991, or in the
correction of his separation document (DD Form 215) that he was issued on 6
October 1992.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 9 September 1991.  The application submitted in this case
was received on 3 March 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 22 January 1986.  He was trained in, awarded and
served in military occupational specialty (MOS) 11B (Infantryman), and the
highest rank he attained while serving on active duty was sergeant (SGT).

4.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows he
served in SWA from 11 September 1990 through 7 April 1991.  His record also
shows that during this period, he was assigned to Headquarters and
Headquarters Company (HHC), 2nd Battalion, 187th Infantry Regiment,
101st Airborne Division, performing duties as a driver.

5.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1
shows he earned the following awards during his tenure on active duty: Army
Achievement Medal (AAM); National Defense Service Medal (NDSM); Air Assault
Badge (AAB); SWA Service Medal with 2 bronze service stars; Army Lapel
Button; Kuwait Liberation Medal (KLM)-Kuwait; KLM-Saudi Arabia; Army
Service Ribbon (ASR); Driver and Mechanic Badge with T and W Bars; MSM; and
ARCOM.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
Recommendation for Award (DA Form 638) that awarded the applicant the
ARCOM, for meritorious service for the period 8 June 1988 through 11
October 1991, and an ARCOM Certificate that shows he received this award on

18 September 1991.  It also contains a MSM Certificate that shows the
applicant was awarded the MSM on 15 August 1991, for meritorious
achievement for the period 12 September 1990 through 16 January 1991, while
preparing for combat operations during Operation Desert Shield as the staff
driver.

7.  On 11 September 1991, the applicant was honorably separated after
completing 5 years, 7 months and 20 days of active military service.  Item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214 he was issued shows he earned the following
awards during his active duty tenure:  ASR; AAM; NDSM; Driver & Mechanic
Badge; Overseas Service Ribbon; AAB; SWA Service Medal with 2 bronze
service stars; Army Lapel Button; Marksman Qualification Badge with Rifle
Bar and Sharpshooter Qualification Badge with Hand Grenade Bar.

8.  On 6 October 1992, the applicant was issued a DD Form 215 that made the
following correction to Item 13 of his DD Form 214:  deleted Driver and
Mechanic Badge and replaced it with Driver and Mechanic Badge with Driver W
and Driver T Bars.

9.  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.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the CIB,
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 CIB 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms the applicant was awarded the MSM and
ARCOM during his active duty tenure, as evidenced by entries in Item 9 of
the applicant’s DA Form 2-1 and documents on file in his MPRJ.  Thus, it
would be appropriate to add these awards to his separation document.

2.  The record also confirms that based on his service in SWA, he is
entitled to the KLM-Saudi Arabia and KLM-Kuwait.  Therefore, it would also
be appropriate to add these awards to his separation document.

3.  By regulation, in order to support award of the CIB during the Persian
Gulf War, a member must have had 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.

4.  In this case, the award documents on file in the applicant’s record
confirm he served in the primary duty of driver during his assignment to
SWA.  Further, there is no evidence confirming that he was present with and
participated in combat with a qualifying infantry unit while performing the
primary duties of an infantryman.  Therefore, the regulatory burden of
proof necessary to support award of the CIB has not been satisfied in this
case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

___MKP_  __LDS __  __MJF __  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 adding the Meritorious
Service Medal, Army Commendation Medal, Kuwait Liberation Medal-Saudi
Arabia and Kuwait Liberation Medal-Kuwait to Item 13 of his DD Form 214;
and by providing him a correction to his separation document that includes
these changes.

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.




            ___Margaret K. Patterson__
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003261                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/11/10                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/09/11                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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