RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060000794


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 his DD Form 214 (Certificate of Release or
Discharge from Active Duty) be corrected to show award of the Combat
Infantryman Badge (CIB).

2.  The applicant states that he served in Company B, 2nd Battalion, 7th
Infantry, 24th Infantry Division (MECH) during the Persian Gulf War as an
Infantryman in the Military Occupation Specialty (MOS) 11M10 from August
1990 through March 1991.  He continues that he did not discover that the
CIB was not annotated on his DD Form 214 until he applied for Veterans
Affairs (VA) benefits.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 November 1992, the date he was separated from active duty.  The
application submitted in this case is dated 10 January 2006.

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 DD Form 214 shows he enlisted and entered active duty
on
7 November 1989 and was awarded the MOS 11M10 (Fighting Vehicle
Infantryman).  This form was authenticated by the applicant on the date of
his separation.

4.  The applicant's DD Form 214 further shows the applicant served in
Southwest Asia, and his last duty assignment was with Company C, 2nd
Battalion, 7th Infantry.  He was honorably separated on 9 November 1992.

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of his DD Form 214 does not show the applicant was
awarded the CIB.

6.  There are no orders in the available records which show the applicant
was awarded the CIB.

7.  The applicant's DD Form 214 shows the applicant was an Infantryman and
served in Southwest Asia.  However, there is no evidence to show that he
was personally present and under hostile fire while serving in an assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.

8.  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 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.

9.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

10.  The applicant's DD Form 214 shows he was awarded the Southwest Asia
Service Medal with three bronze service stars for his participation in the
Persian Gulf War.

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 applicant contends that he is entitled to award of Combat
Infantryman Badge for service during the Persian Gulf War.

2.  There are no general orders that show the applicant was awarded the
Combat Infantryman Badge.

3.  Although records show the applicant was an Infantryman and participated
in the Persian Gulf War, there is insufficient evidence in the available
records and the applicant did not provide sufficient evidence, to show he
was personally present and under fire while performing duties during
Operation Desert Storm.  Therefore, there is insufficient evidence to grant
the request for award of the Combat Infantryman Badge in this case.

4.  The applicant's DD 214 shows he was awarded the Kuwait Liberation Medal
for his participation in Operations Desert Shield/Desert Storm.  His record
should be corrected to show the Kuwait Liberation Medal (KLM-SA) awarded by
the Kingdom of Saudi Arabia and the Kuwait Liberation Medal(KLM-K) awarded
by the Government of Kuwait.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 November 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
8 November 1995.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3   of the BOARD
DETERMINATION/RECOMMENDATION section below.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__slp___  __rml___  __jgh___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the award the Kuwait Liberation Medal (KLM-SA) and the
Kuwait Liberation Medal (KLM-K).



                                        Shirley L. Powell
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000794                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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