RECORD OF PROCEEDINGS


	IN THE CASE OF:	 


	BOARD DATE:	  1 March 2007
	DOCKET NUMBER:  AR20060011399 


	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 award of the Combat Infantryman Badge (CIB) or other Gulf War medals added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states that he served with the 1st Cavalry Division during the Persian Gulf War.  He states that his DD Form 214 does not show the service medals from the Persian Gulf War.  He also states he served as an “11M4O” and he believes he should be awarded the CIB.

3.  The applicant provides a copy of his orders for award of the Bronze Star Medal and his award certificate for the Bronze Star Medal. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred 
on 31 August 1991.  The application submitted in this case is dated 2 August 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 was inducted into the Army on 10 March 1971 and was discharged on 27 February 1973.  He reenlisted on 28 February 1973.  He was awarded primary military occupational specialty (MOS) 11B (Infantryman) on 1 September 1977.  He was discharged on 27 November 1978 for immediate reenlistment.  The applicant reenlisted on 28 November 1978 and continued to serve on active duty through a series of reenlistments.  

4.  The Defense Manpower Data Center (DMDC) compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reservist, National Guard member or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  A Phase II file lists active duty personnel who served 
in-theater between 1 August 1991 and 31 December 1993.  This database shows the applicant served during Desert Shield/Desert Storm from 1 October 1990 to 9 April 1991.

5.  The applicant’s award certificate for the Bronze Star Medal shows he served as Operations Noncommissioned Officer with Headquarters and Headquarters Company, Aviation Brigade, 1st Cavalry Division during Operations Desert Shield and Desert Storm from October 1990 to April 1991.  This certificate does not indicate he participated in active ground combat during Operations Desert Shield/Desert Storm.

6.  Item 38 (Record of Assignments) on the applicant’s DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in MOS 11M (Fighting Vehicle Infantryman) from May 1984 to August 1991.

7.  The applicant was released from active duty on 31 August 1991 and placed on the retired list on the following date.  His DD Form 214 does not show the CIB or any medals for service in the Persian Gulf War.

8.  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.

9.  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).
10.  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.

11.  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.

12.  Army Regulation 635-5 (Separation Documents) establishes the policies and procedures for completion and distribution of the DD Form 214.  In pertinent part, it states that item 18 (Remarks) is used for entries required by Headquarters Department of the Army for which a separate block is not available and for completing entries that are too long for their blocks.  Paragraph 18(f)(2) states that the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYMMDD - YYYMMDD)" will be entered in
item 18 for active duty Soldiers deployed to a foreign country with their unit.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded an infantry MOS and served as an Operations Noncommissioned Officer with Headquarters and Headquarters Company, Aviation Brigade, 1st Cavalry Division while assigned to Saudi Arabia.  There is no evidence to show he served with an infantry unit during active ground combat and was personally "present under hostile fire."  Therefore, he has not met the requirements for award of the CIB.

2.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia (SWA) from 1 October 1990 to 9 April 1991.  Therefore, it would be appropriate to add the entry "SERVICE IN SWA FROM 911001 - 910409" to item 18 (Remarks) on his DD Form 214.

3.  Based on the applicant's service in SWA, he is entitled to award of the SWASM with two bronze service stars, the KLM-SA, and the KLM-K.

4.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 31 August 1991; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 30 August 1994.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

x_____ x_____x_____  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.  adding the entry "SERVICE IN SWA FROM 911001 - 910409" to item 18 on his DD Form 214 for the period ending 31 August 1991; and

b.  adding award of the SWASM with two bronze service stars, the 
KLM-SA and the KLM-K to his DD Form 214 for the period ending 31 August 1991.

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 CIB.  




x____________
          CHAIRPERSON




INDEX

CASE ID
AR20060011399
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070301
TYPE OF DISCHARGE
(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE
YYYYMMDD
DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY
Mr. Schwartz
ISSUES         1.
107.0000
2.

3.

4.

5.

6.