RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  13 February 2007
	DOCKET NUMBER:  AR20060010590 


	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.


x

	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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he was an infantryman who satisfactorily performed infantry duties.  He was assigned to an infantry unit during such time the unit was engaged in active ground combat and he actively participated in such combat.  

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 6 June 1991.  The application submitted in this case is dated 11 July 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 enlisted in the Regular Army on 1 April 1987 for a period of four years.  He completed basic training and advanced individual training at Fort Benning, Georgia.  

4.  Headquarters, United States Army Infantry Training Center, Fort Benning, Georgia Orders 110-37, dated 9 June 1987, awarded the applicant military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record - Part II) shows he was assigned to Germany in August 1987 with Company D, 1st Battalion, 15th Infantry as a grenadier.  

6.  He was promoted to specialist on 3 August 1989.

7.  The applicant served in Southwest Asia (SWA) from 27 August 1990 through 27 March 1991.

8.  The applicant was honorably released from active duty on 6 June 1991.  He subsequently served in the Army National Guard.

9.  His DD Form 214 shows he was awarded the Army Service Ribbon, the National Defense Service Medal, the Army Lapel Button, the Southwest Asia Service Medal, the Overseas Service Ribbon, the Sharpshooter Marksmanship Qualification Badge with Rifle Badge, the Marksman Marksmanship Qualification Badge with Grenade Badge, and the Army Good Conduct Medal (First Award).

10.  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 CIB. 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 and have 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.

11.  Personnel Command message dated 171226Z January 1991 announced the delegation of wartime award approval authority during Operation Desert Storm.  This message stated in part that the authority to award the CIB and the Combat Medical Badge (CMB) as authorized by paragraph 5-7 and 5-8, Army Regulation 672-5-1 (superseded by Army Regulation 600-8-22) was delegated to Commander, Army Forces Central Command.  This authority could have been further delegated to Division Commanders who had troops committed to the combat operation.  The CIB could be awarded only to infantry and special forces officers and enlisted Soldiers (other than special forces medics) who satisfactorily performed infantry or special forces duties in active ground combat.

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

13.  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.

14.  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.  Although the applicant's records show he was awarded an infantry MOS and served as an infantryman in an infantry unit while assigned to SWA, there is no evidence he served satisfactorily during active ground combat and was personally "present under hostile fire.”  Therefore, the applicant has not met the requirements for award of the CIB.

2.  The applicant served in SWA from 27 August 1990 through 27 March 1991.  Therefore, he served a period of qualifying service for award of the KLM-SA, the KLM-K, and two bronze service stars for wear on his Southwest Asia Service Medal.  Therefore, his DD Form 214 should be administratively corrected to reflect these awards.

3.  Evidence shows that the applicant’s records contain administrative errors which do 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.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 6 June 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 5 June 1994.  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

x______ x______ x______  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 errors in the records of the individual concerned should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of the KLM-SA, the KLM-K, and two bronze service stars for wear on his already awarded Southwest Asia Service Medal.




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          CHAIRPERSON




INDEX

CASE ID
AR20060010590
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070213
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
DENY WITH NOTE
REVIEW AUTHORITY
Mr. Chun
ISSUES         1.
107.0111
2.

3.

4.

5.

6.