RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 March 2007
      DOCKET NUMBER:  AR20060011853


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Roland S. Venable             |     |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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he was attached to an infantry unit during
Operation Just Cause and Operation Desert Storm.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 December 1992.  The application submitted in this case
is dated 7 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 enlisted in the Regular Army on 2 May 1989.  He completed
basic training and advanced individual training and was awarded military
occupational specialty 12B (Combat Engineer).

4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows he
was assigned to the 59th Engineer Battalion, Panama from 31 August 1989
through   4 August 1990.

5.  The applicant’s DA Form 2-1 shows he served in Saudi Arabia from on or
about 15 September 1990 through on or about 4 April 1991.

6.  On 10 December 1992, the applicant was discharged from the Army.  His
DD Form 214 shows he was awarded the Army Service Ribbon, the Sharpshooter
Marksmanship Qualification Badge with Rifle bar, the Expert Marksmanship
Qualification Badge with Grenade bar, the National Defense Service Medal,
the Armed Forces Expeditionary Medal with “one battle award,” the Southwest
Asia Service Medal with two bronze service stars, the Saudi Arabia Kuwait
Liberation Medal, the Army Commendation Medal, the Air Assault Badge, the
Army Achievement Medal, and the Army Good Conduct Medal.
7.  Army Regulation 600-8-22 (Military Awards) provides for award of the
    CIB.  Paragraph 8-6j specifies that for Panama (Operation Just Cause
from      20 December 1989 to 31 January 1990) individuals must have met
the criteria in paragraphs 8-6b and c to be awarded the CIB.  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 eligibility requirements are
stated in paragraph 8-6c(1) through (4) and essentially require that an
Army enlisted Soldier must be have an infantry or special forces specialty
and must 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.

8.  Army Regulation 600-8-22, 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.

9.  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’s contentions that he was attached to infantry units
during Operations Just Cause and Desert Storm have been considered.
However, he was a combat engineer.  He was not an infantryman, one of the
basic eligibility requirements for award of the CIB.  Therefore, he did not
meet the eligibility requirements for award of the CIB.

2.  The applicant did meet the eligibility requirements for award of the
Kuwait Liberation Medal (Kuwait) and this award should be added to his DD
Form 214.

3.  Evidence shows that the applicant’s records contain an 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, MO 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 10 December 1992; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     9 December 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jea___  __swf___  __rsv___  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 an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the DD Form 214 of the
individual concerned to add the Kuwait Liberation Medal (Kuwait).




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR200600011853                          |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070306                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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