RECORD OF PROCEEDINGS


	IN THE CASE OF:	


	BOARD DATE:	  22 February 2007
	DOCKET NUMBER:  AR20060007221 


	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.




Director



Analyst

The following members, a quorum, were present:



Chairperson


Member


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 his military records be corrected to show that he was awarded the Combat Infantryman Badge.

2.  The applicant essentially states that he served as a Tow Loader on a Bradley Fighting Vehicle in the 16th Infantry Regiment during Operation Desert Storm, and that he and the rest of his company were awarded their Combat Infantryman Badges.   

3.  The applicant provides a self-authored statement and a partially illegible copy of his DD Form 214 (Certificate of Release or Discharge From Active Duty) in support of this application. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 11 January 1993, the date of his discharge from the Regular Army.  The application submitted in this case is dated 24 April 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 records show that he enlisted in the Regular Army on 26 May 1987.  He completed basic and advanced individual training at Fort Benning, Georgia and was awarded military occupational specialty (MOS) 11B (Infantryman).   He then was reassigned to Fort Riley, Kansas, and initially served with Company D, 5th Battalion, 16th Infantry Regiment.  On 12 December 1989, his MOS was changed to 11M (Bradley Fighting Vehicle Infantryman).  He served in Southwest Asia from 28 December 1990 to 8 May 1991.  Although there are no orders in his records, it appears that either Company D, 5th Battalion, 16th Infantry Regiment was redesignated as Company D, 1st Battalion, 16th Infantry Regiment, or that he was reassigned to that battalion on that date.  On 11 January 1993, the applicant was discharged from the Regular Army under honorable conditions.  The DD Form 214 that was issued to him at the time of his discharge shows that he was awarded the Army Good Conduct Medal, the National Defense Service Medal, the Southwest Asia Service Medal with three bronze service stars, the Kuwait Liberation Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.  

4.  The applicant stated, in effect, that he is entitled to award of the Combat Infantryman Badge.  Item 35 (Record of Assignments) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows that he served as a Automatic Rifleman in MOS 11B with Company D, 5th Battalion, 16th Infantry Regiment during his time in Southwest Asia.  However, Item 9 (Awards, Decorations, and Campaigns) of this same form does not show that he was awarded the Combat Infantryman Badge.  There are no orders in his military records which awarded him the Combat Infantryman Badge, and there is no evidence in his military records that conclusively shows that he personally served in active ground combat while assigned to this unit.

5.  During a review of the applicant’s records, it was determined that he is entitled to an additional award that is not shown on his DD Form 214.

6.  The applicant’s DD Form 214 essentially shows that he was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, as the Kuwait Liberation Medal awarded by the Government of Kuwait was not approved until 
9 November 1995.  However, the applicant’s military records do not show that he was ever awarded the Kuwait Liberation Medal awarded by the Government of Kuwait after it was approved.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons 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.  Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period.  

8.  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.


9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his military records should be corrected to show that he was awarded the Combat Infantryman Badge.  

2.  Although the applicant possessed and served in an infantry MOS in an infantry unit of brigade, regimental or smaller size during his tour in Southwest Asia, there is no evidence that conclusively shows that he personally served in active combat.  Regrettably, absent such evidence, there is insufficient basis for awarding the Combat Infantryman Badge to the applicant in this case.

3.  Although the applicant was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, he was never awarded the Kuwait Liberation Medal awarded by the Government of Kuwait, which was not approved prior to his discharge.  Therefore, he is entitled to award of the Kuwait Liberation Medal awarded by the Government of Kuwait, and correction of his military records to show that he was awarded the Kuwait Liberation Medal awarded by the Government of Kuwait.  He is further entitled to correction of his military records to clarify that the Kuwait Liberation Medal currently shown on his DD Form 214 was awarded by the Kingdom of Saudi Arabia.  

4.  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.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 11 January 1993; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 
10 January 1996.  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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___JM___  ___QS __  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 by awarding him the Kuwait Liberation Medal awarded by the Government of Kuwait correcting his military records to show this award.




_____  Mark Manning_________
          CHAIRPERSON




INDEX

CASE ID
AR20060007221
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070222
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH ADMIN NOTE
REVIEW AUTHORITY
AR 15-185
ISSUES         1.
107.0111.0000
2.
107.0089.0000
3.
107.0100.0000 (correct DD Form 214)
4.
110.0400.0000
5.

6.