RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 May 2007
      DOCKET NUMBER:  AR20070000008


      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      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Donald L. Lewy                |     |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), the
Expert Infantryman Badge (EIB), and the South West Asia Ribbon (SWA)
(correctly known as the SWA Service Medal).

2.  The applicant states, in effect, he is entitled to the award of the
CIB, the EIB, and the SWA Service Medal for his service while in the SWA.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and an illegible copy of his DD Form
215 (Correction to DD Form 214, Certificate of Release or Discharge from
Active Duty).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 22 May 1991.  The application submitted in this case is dated
22 December 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 record shows he enlisted in the Regular Army on 5
January 1989.  He completed basic combat training and advanced individual
training and was awarded military occupational specialty (MOS) 11M
(Fighting Vehicle Infantryman).  The highest grade he held was Private (E-
2).

4.  Item 18 (Remarks) of the applicant’s DD Form 214, shows that he served
in SWA with the 2nd Battalion, 7th Infantry Regiment from 16 August 1990
through 24 March 1991, performing duties in MOS 11M, Fighting Vehicle
Infantryman.

5.  On 22 May 1991, the applicant was honorably released from active duty
after completing a total of 2 years, 4 months, and 18 days of active
military service.  The DD Form 214 he was issued shows he earned the Army
Service Ribbon, the National Defense Service Ribbon, the Marksman
Marksmanship Qualification Badge with Rifle Bar, and the Expert
Marksmanship Qualification Badge with Grenade Bar during his active duty
tenure.

6.  Item 5 (Original is Corrected as Indicated Below) of the applicant’s DD
Form 215, dated 15 October 1992, shows that the applicant was awarded the
SWA Asia Service Medal with 2 bronze service stars, the Kuwait Liberation
Medal, and the Expert Infantryman Badge.

7.  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.

8.  A review of the applicant’s records indicates entitlement to  additional
awards and decorations that are not shown on his DD Form 214.

9.  For SWA service, one overseas bar is authorized for each period of
6 months active Federal service as a member of a U.S. Service in SWA from
16 August 1990 to 24 March 1991.  Both the month of arrival and the month
of departure from SWA are counted as whole months for credit toward the
overseas bar.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence of record nor has the applicant submitted any
evidence that shows he was awarded the Combat Infantryman Badge.  There is
no evidence that the applicant served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.  In the absence of such evidence, there is insufficient basis to
grant award of the Combat Infantryman Badge.

2.  Evidence of record show the applicant was awarded the Expert
Infantryman Badge which is on his separation document.  Therefore, no
correction is required to his records to show this award.

3.  Evidence of record show the applicant was awarded the SWA Medal with
two bronze service stars which are on his separation document.  Therefore,
no correction is required to his records to show this award.

4.  Records show the applicant completed one period of qualifying active
federal service in SWA.  Therefore, he is eligible for award of one
overseas service bar.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1991; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 21 May 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.  Although the applicant did not file
within the ABCMR's statute of limitations, it is appropriate to waive
failure to timely file for these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___WFC_  ___DLL__  ___RSV_  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.  deleting the illegible DD Form 215 dated 15 October 1992; and


      b.  adding the SWA Service Medal with two bronze service stars, the
Expert Infantryman Badge, the Kuwait Liberation Medal, and one overseas
service bar.

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.




                                  __William F. Crain_  __
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20070000008                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/05/31                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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