RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      1 August 2006
      DOCKET NUMBER:  AR20050018222


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 be
added to his DD Form 214, Certificate of Release or Discharge from Active
Duty.

2.  The applicant states, in effect, that his record did not include his
Combat Infantryman Badge.  He adds that his Combat Infantryman Badge is
not on his DD Form 214 even though he served in combat in Operation
Desert Storm/Desert Shield.  He states he did not receive a copy of his
award when he came back and then in a conclusion statement on his
application he states, "I misplaced my copy that I received during the
Gulf War.”

3.  In support of his application, the applicant provided two copies of his
DD Form 214 and a copy of Permanent Orders 096-336, Headquarters, 1st
Cavalry Division (Forward), dated 6 April 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant's records show he enlisted in the US Army Reserve,
Delayed Enlistment/Entry Program on 28 June 1988.  On 23 January 1989, he
was discharged from the Reserve for the purpose of enlisting in the Regular
Army.  On 24 January 1989, he enlisted for 3 years, in the Regular Army.
Following completion of basic combat and advanced individual training at
Fort Benning, Georgia, he was awarded the primary military occupational
specialty (MOS), 11H, Heavy Anti-Armor Weapons Infantryman.

2.  The applicant was assigned to Headquarters and Headquarters Company,
1st Battalion (Mechanized), 5th Cavalry, 2nd Infantry Division, in Korea,
as his first duty station.  He served in Korea from 15 May 1989 through 9
February 1990.  On his return to the United States, he was assigned to
Fort Hood, Texas.

3.  At Fort Hood, he was assigned to Headquarters and Headquarters Company,
2nd Battalion, 5th Cavalry, 1st Cavalry Division.

4.  The applicant was honorably released from active duty in the rank/pay
grade of Specialist/E-4, on 25 January 1992, under the provisions of AR 635-
200, Chapter 16, paragraph 16-8, for the convenience of the Government –
1992 Early Transition Program.  On the date of his release from active
duty, the applicant had completed 3 years and 2 days active military
service with no days lost time.  The record shows the applicant was
retained in service for 2 days for the convenience of the Government.

5.  The DD Form 214 the applicant was issued on his discharge date shows,
in Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized), that during his Army service, he was awarded:  the
National Defense Service Medal; the Army Lapel Button; the Army Service
Ribbon; the Expert Marksmanship Qualification Badge with Missile Bar; the
Sharpshooter Qualification Badge, with Grenade Bar; the Sharpshooter
Marksmanship Qualification Badge, with Rifle Bar; and the Southwest Asia
Service Medal, with two bronze service stars.  No other awards are shown on
the applicant's DD Form 214.

6.  Item 18 (Remarks), of the applicant's DD Form 214, shows he performed
service in Southwest Asia for the period 12 October 1990 through 18 April
1991.

7.  The applicant was awarded the Army Achievement Medal, for meritorious
service, for the period 11 July through 3 October 1989, by Permanent Orders
227-23, published by Headquarters, 2nd Infantry Division, on 6 November
1989.  This award is not shown on the applicant's DD Form 214.

8.  The applicant was awarded a second Army Achievement Medal, for
meritorious service, for the period 17 May 1989 through 13 February 1990,
by Permanent Orders 32-13, published by Headquarters, 2nd Infantry
Division, on 20 February 1990.  This award is also not shown on the
applicant's DD Form 214.  This award is, in effect, the Army Achievement
Medal, with oak leaf cluster.

9.  The applicant submitted a copy of Permanent Orders 096-336,
Headquarters, 1st Cavalry Division (Forward), dated 6 April 1991 to show
that other Soldiers, members of the 1st Brigade, 1st Cavalry Division,
were awarded the Combat Infantryman Badge for engaging the enemy in
combat during the period 20 through 28 February 1991.

10.  Item 35 (Record of Assignments), of the applicant's DA Form 2-1,
Personnel Qualification Record, Part II, is void of any conduct and
efficiency ratings.

11.  Section V (Miscellaneous), Item 27 (Remarks), of the applicant's DA
Form
2-1, Personnel Qualification Record, Part II, is absent an entry to show
he was disqualified from award of the Good Conduct Medal.  There is no
evidence in the applicant's record to show a breach of good order or
discipline.  There is no evidence of any lost time or that the applicant
was ever subjected to non-judicial punishment under the provisions of the
Uniform Code of Military Justice that would preclude award of the Good
Conduct Medal to the applicant.
12.  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, and paragraph 8-6k specifies that for the Persian
Gulf War (Operation Desert Shield/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.

13.  Army Human Resources Command Message (Date Time Group 9 February
2004) published implementing instructions for award of the Korea Defense
Service Medal.  This message specified criteria for the award of the
Korea Defense Service Medal as follows:  a) service members of the armed
forces must have served in support of the defense of the Republic of
Korea from 28 July 1954 through a future date to be determined by the
Secretary of Defense;  b) the area of eligibility encompasses all land
area of the Republic of Korea, and the contiguous water out to 12
nautical miles, and all air spaces above the land and water areas;  c)
service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60
non-consecutive days.

14.  The implementing message also authorized award of the Korea Defense
Service Medal if a Soldier meets one or more of the following criteria:
a) be engaged in actual combat during an armed engagement, regardless of
the time in the area of eligibility;  b) is wounded or injured in the
line of duty and requires medical evacuation from the area of
eligibility;  c) participates as a regularly assigned air crew member
flying sorties for 30 consecutive days or 60 nonconsecutive days into,
out of, within, or over the area of eligibility in support of military
operations; or  d) served in operations and exercises conducted in the
area of eligibility as long as the basic time criteria is met.  The
message further
provided that, due to extensive time period for the Korea Defense Service
Medal eligibility, the non-consecutive service period for eligibility
remains cumulative throughout the entire period.

15.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

16.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

17.  The applicant's unit was awarded the Meritorious Unit Commendation,
for the period 16 September 1990 through 15 March 1991, while he was a
member of the unit, by Department of the Army General Orders Number 27,
dated 27 December 1994.  This unit award is not shown on the applicant's DD
Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed with his unit to Southwest Asia in support of
Operation Desert Storm/Desert Shield.  The evidence shows he served in
Southwest Asia from 12 October 1990 through 18 April 1991.

2.  For award of the Combat Infantryman Badge, the applicant must show, by
a preponderance of the evidence, that he held an infantry MOS,
satisfactorily performed duties in the MOS while assigned or attached as a
member of an infantry unit of brigade, regimental, or smaller size during
any period such unit was engaged in active ground combat, and that he was
personally present and under hostile fire while serving in his assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.

3.  The applicant submitted a copy of an order showing that other members
of the 1st Cavalry Division (Forward) were awarded the Combat Infantryman
Badge; however, this evidence is inconclusive insofar as his exposure to
and engagement in combat with the enemy is concerned.

4.  The applicant satisfied most of the criteria for award of the Combat
Infantryman Badge; however, he has not shown by a preponderance of the
evidence that he was personally present and under hostile fire while
serving in his assigned infantry primary duty, in a unit actively engaged
in ground combat with the enemy.  He is therefore not entitled to award of
the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  For his service in Southwest Asia in support of Operation Desert
Storm/Desert Shield, the applicant is entitled to award of the Kuwait
Liberation Medal, awarded by the Kingdom of Saudi Arabia, and the Kuwait
Liberation Medal, awarded by the Government of Kuwait, and to have these
awards added to his DD Form 214.

6.  The evidence show the applicant served in the Republic of Korea.  For
his service in the Republic of Korea, the applicant is entitled to award of
the Korea Defense Service Medal and to have this award added to his DD Form
214.

7.  While the applicant served in the Republic of Korea, he was awarded
two Army Achievement Medals, for meritorious service, in effect, the Army
Achievement Medal, with oak leaf cluster.  These awards do not appear on
the applicant's DD Form 214.  He is entitled to have these awards added to
his DD Form 214.

8.  Current practice requires that the commander provide written notice of
nonfavorable consideration and permit the individual to respond with
regards to award of the Good Conduct Medal.  There is no entry in Item 27
(Remarks), of the applicant's DA Form 2-1, to indicate he was disqualified
from award of the Good Conduct Medal.  He is therefore entitled to award of
the Good Conduct Medal for the period 24 January 1989 through 23 January
1992 and to have this award added to his DD Form 214.

9.  The applicant served in a unit at the time it was cited for award of
the Meritorious Unit Commendation.  He is therefore entitled to this unit
award and to have it added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___CVM    __YM___  __KAN __  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:

      a.  awarding the applicant the Good Conduct Medal for the period
24 January 1989 through 23 January 1992 and adding this award to his DD
Form 214;

      b.  adding the two already-awarded Army Achievement Medals to the
applicant's DD Form 214 as the Army Achievement Medal, with oak leaf
cluster;

      c.  awarding the applicant the Korea Defense Service Medal; the
Kuwait Liberation Medal, awarded by the Kingdom of Saudi Arabia; and the
Kuwait Liberation Medal, awarded by the Government of Kuwait, and adding
these awards to his DD Form 214; and

      d.  awarding the applicant the Meritorious Unit Commendation to the
applicant and adding this unit award to his DD Form 214.

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 and its addition to
his DD Form 214.




                            ___         K A Newman______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018222                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1. 46    |107.0000                                |
|2.  157                 |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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