RECORD OF PROCEEDINGS


	IN THE CASE OF:	   


	BOARD DATE:	  28 August 2007
	DOCKET NUMBER:  AR20070003478 


	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.


Ms. Catherine C. Mitrano

Director

Mr. Michael L. Engle

Analyst

The following members, a quorum, were present:


Mr. Paul M. Smith

Chairperson

Mr. Rodney E. Barber

Member

Mr. Rowland C. Heflin

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 correction of his military records to show he was awarded military occupational specialty (MOS) 11B1O (Infantryman) and add the Combat Infantryman Badge for his service in Southwest Asia during Operation Desert Storm. 

2.  The applicant states, in effect, that he held MOS 11B1O from 20 August 1981 to 5 July 1984.  He also states that he served in a combat unit as an infantryman during Operation Desert Shield and Desert Storm.

3.  The applicant provides no additional documentation.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  On 20 August 1981, the applicant enlisted in the Regular Army for 3 years.  On 28 August 1981, he was assigned to Fort Benning, Georgia, where he underwent the 12-week, one station unit training course and he was awarded military occupational specialty (MOS)11B1O (Infantryman) in December 1981. 

3.  On 6 July 1984, the applicant reenlisted in the Regular Army for 4 years.  He elected a service school option for retraining into MOS 73C1O (Finance Specialist).

4.  In 1990, the applicant again attended Infantryman training at Fort Benning, Georgia.

5.  Orders 119-12, United States Army Infantry Training Center, Fort Benning, Georgia, dated 21 June 1990, awarded the applicant MOS 11M1O (Infantry Fighting Vehicle Infantryman).  He was subsequently assigned for duty as a fighting vehicle squad leader with the 27th Mechanized Support Brigade, 1st Cavalry Division, Fort Hood, Texas. 

6.  On 7 August 1990, the applicant was promoted to the rank of sergeant, pay grade E5.

7.  During the period from 28 September 1990 to 21 April 1991, the applicant was temporarily assigned with his unit in Southwest Asia in support of Operation Desert Shield/Storm.  

8.  On 15 July 1992, the applicant was honorably discharged from the Regular Army.  He had completed 10 years, 10 months, and 26 days of creditable active service.

9.  Item 11 (Primary Specialty) of the applicant’s DD Form 214 shows that he held MOS 11M2O for 2 years and 2 months; and MOS 73C2O for 6 years and 
9 months.  It does not show he held MOS 11B1O for 2 years and 7 months from December 1981 to July 1984.

10.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 lists his awards as the Army Achievement Medal, Good Conduct Medal (three awards), National Defense Service Medal, Noncommissioned Officer Professional Development Ribbon, Army Service Ribbon, Overseas Service Ribbon (Numeral Two), Expert Marksmanship Qualification Badge with Grenade Bar, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, Army Lapel Button, Joint Meritorious Unit Award, Southwest Asia Service Medal with 3 bronze service stars, and the Kuwait Liberation Medal (Saudi Arabia).  It does not show the Combat Infantryman Badge.

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 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.  The regulation also states:  “To date, a separate award of the Combat Infantryman Badge has been authorized for qualified Soldiers in any of three conflicts:  World War II (7 December 1941 to 
3 September 1945), the Korean Conflict (27 June 1950 to 27 July 1953), and
the Vietnam Conflict.  Service in the Republic of Vietnam conflict (after 
1 March 1961) combined with qualifying service in Laos (19 April 1961 to
6 October 1962), the Dominican Republic (28 April 1965 to 1 September 
1966), Korea on the DMZ (after 4 January 1969), Grenada (23 October to 
23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War  (17 January to 11 April 1991) is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all or these areas.”

13.  Army Regulation 611-201 (Enlisted Career Management Fields and Military Occupational Specialties), in effect at the time, provided in pertinent part, that the fourth character in the MOS indicated the skill level.  Skill level "1" identified those Soldiers in pay grades E1 through E4; skill level "2" identified those Soldiers in pay grade E5. 

DISCUSSION AND CONCLUSIONS:

1.  Records show the applicant was awarded MOS 11B1O in December 1981 and that he held this MOS for 2 years and 7 months, prior reenlisting for MOS 73C2O.  Therefore his DD Form 214 should be corrected to show that he held MOS 11B2O.

2.  The evidence clearly shows the applicant served in Southwest Asia during a qualifying period for award of the Combat Infantryman Badge.  However, there is no substantiating evidence showing that he actually served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Therefore, his request for award of the Combat Infantryman Badge should not be granted.

3.  Records show the applicant served during a qualifying period for award of the Kuwait Liberation Medal (KLM-K).  Therefore, his records should be corrected to show this award.     

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__PMS__  __REB__  ___RCH _  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

a.  adding in Item 11 (Primary Specialty) of his DD Form 214:  11B2O, Infantryman, 2 years, 7 months; and

	b.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Kuwait Liberation Medal.

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 Combat Infantryman Badge.  




___ Paul M. Smith___
               CHAIRPERSON




INDEX

CASE ID
AR20070003478
SUFFIX

RECON
 
DATE BOARDED
 20070828 
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
100
2.
107
3.

4.

5.

6.