RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         29 November 2005
      DOCKET NUMBER:  AR20050006342


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, that the CIB he earned for his duty in
an imminent danger pay area was overlooked and never included on his
separation document (DD Form 214).  He further states that he believes his
awards denote the type of service he had given his country and he wishes
for it to be acknowledged by being made a part of his separation document.

3.  The applicant provides two DD Forms 214 and a Personnel Qualification
Record (DA Form 2-1) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 August 1992.  The application submitted in this case is
dated
14 April 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 served on active duty as a member of
the Army National Guard (ARNG) from 31 July 1989 through 3 November 1989.
He was trained in and awarded military occupational specialty (MOS)
11BInfantryman).

4.  The applicant enlisted in the Regular Army and entered active duty in
that status on 25 July 1990.  He was retrained in, awarded, and served in
military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

5.  The applicant’s record confirms he served in Southwest Asia (SWA) from
5 December 1990 through 29 April 1991.  During this period, he was assigned
to
A Company, 7th Battalion, 6th Infantry Division, performing duties in MOS
11M.

6.  The applicant's Military Personnel Records Jacket (MPRJ) contains a
Recommendation for Award (DA Form 638-1) that shows he was recommended for
and awarded the Army Commendation Medal for his meritorious service for the
period 25 December 1990 through 1 March 1991.  Block 16 (Achievement) of
this document contains the comment "contributed to the team effort which
allowed mission accomplishment with no loss to enemy fire."  Block 19
(Proposed Citation) contains the comments "exceptionally meritorious
service while assigned to the 7th Battalion, 6th Infantry during deployment
to Southwest Asia" and "his proud and honorable service during all phases
of the operation, in particular, during the hazardous days of combat in
Southern Iraq and Northern Kuwait allowed the Battalion to accomplish its
missions in the liberation of Kuwait and the destruction of the Iraqi
Republican Guard”.

7.  The applicant’s Personnel Qualification Record (DA Form 2-1) indicates,
in Item 9 (Awards, Decorations & Campaigns), that he earned the following
awards during his active duty tenure:  Army Service Ribbon (ASR); National
Defense Service Medal (NDSM); Army Commendation Medal (ARCOM); Southwest
Asia Service Medal (SWASM) with 2 bronze service stars; Army Achievement
Medal (AAM); CIB; Overseas Service Ribbon (OSR); and Kuwait Liberation
Medal-Saudi Arabia (KLM-SA).

8.  On 7 August 1992, the applicant was honorably discharged from the Army
after completing a total of 2 years, 3 months, and 16 days of active
military service.  The separation document (DD Form 214) he was issued
confirms he served in SWA from 24 December 1991 through 30 April 1991.

9.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 contains the
following list of awards he earned during his active duty tenure:  ASR,
ARCOM, AAM, SWASM with 3 bronze service stars, NDSM, Army Lapel Button,
KLM, OSR, Marksman Qualification Badge with Rifle Bar, and Marksmanship
Qualification Badge with Hand Grenade Bar.

10.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  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.

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.

12.  Records maintained at the Awards Branch. United States Army Human
Resources Command (HRC), confirm that the applicant’s unit (7th Battalion,
6th Infantry) was awarded the Valorous Unit Award (VUA) for the period
24 through 28 February 1991 in Department of the Army (DA) General Orders
(GO) Number 12, dated 13 May 1994.

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
5 December 1990 through 29 April 1991.

2.  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 (11M) and in a qualifying infantry unit (7th Battalion, 6th
Infantry).  The combat participation of the applicant with his unit is
verified by the comments in Block 19 of the DA Form 638-1 on file, which
documents his personal participation in combat operations with his unit
while it engaged Iraqi Republican Guard forces.  As a result, the
regulatory burden of proof necessary to support award of the CIB has been
satisfied in this case.  This is further corroborated by his unit receiving
the VUA for its SWA combat service during the applicant’s tenure of
assignment.

3.  In view of the facts of this case, the overwhelming preponderance of
the evidence appears to satisfy the regulatory criteria necessary to
support award of the CIB in this case.  Thus, it would be appropriate to
award the applicant the CIB and add it to his record and separation
document at this time.

4.  The evidence of record also shows that based on his service in SWA, the
applicant is entitled to the VUA and KLM-Kuwait.  Thus, it would also be
appropriate to add these awards to his record and separation document at
this time.
BOARD VOTE:

___SK __  ___MHM_  __LMD__  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 him the Combat Infantryman
Badge; by amending Item 13 of his 7 August 1992 DD Form 214 by deleting the
current list of awards and replacing it with the following list:  Army
Commendation Medal; Army Achievement Medal; Army Service Ribbon; Southwest
Asia Service Medal with 3 bronze service stars; National Defense Service
Medal; Kuwait Liberation Medal-Saudi Arabia; Kuwait Liberation Medal-
Kuwait; Overseas Service Ribbon; Valorous Unit Award; Combat Infantryman
Badge; Marksman Qualification Badge with Rifle and Hand Grenade Bars; and
Army Lapel Button; and by providing him a correction to his separation
document that includes these changes.




                                  _____Stanley Kelley______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006342                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1992/08/07                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |Chapter 5                               |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]