IN THE CASE OF:	  

	BOARD DATE:	  

	DOCKET NUMBER:  AR20070017034 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1. Application for correction of military records (with supporting documents provided, if any).

2. Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in Operation Desert Storm, was awarded the Southwest Asia Service Medal with 3 bronze service stars, and would like the Combat Infantryman Badge added to his military service records.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), with an effective date of 7 July 1991 and DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 9 October 1992.

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.  The applicant's military service records show that he enlisted in the U.S. Army Reserve on 29 October 1987 and entered active duty in the Regular Army for a period of 3 years on 7 July 1988.  Upon completion of basic combat training and advanced individual training, he was awarded military occupational specialty (MOS) 63T (Bradley Fighting Vehicle System Mechanic).  The applicant was assigned to the 5th Battalion, 18th Infantry, 3rd Armored Division, and served in Southwest Asia in support of Operation Desert Storm.

3.  The applicant's military service records contain a DA Form 2-1 (Personnel Qualification Record).  Item 5 (Oversea Service) shows, in pertinent part, that the applicant served 5 months in Saudi Arabia from 13 December 1990 through
17 March 1991.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, Driver and Mechanic Badge with Driver “W” (Wheeled Vehicles) and Driver “T” (Tracked Vehicle) Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.

4.  The applicant's military service records contain a DD Form 214, with an effective date of 7 July 1991 and DD Form 215, dated 9 October 1992.  Item
13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214, as corrected by the DD Form 215, shows the applicant was awarded the National Defense Service Medal, Southwest Asia Service Medal with 3 bronze service stars, Army Service Ribbon, Overseas Service Ribbon, Kuwait Liberation Medal, Driver and Mechanic Badge with Driver “W” and Driver “T” Bars, and Sharpshooter Marksmanship Qualification Badge with Rifle and Grenade Bars.  Item 18 (Remarks), in pertinent part, shows the applicant served in Southwest Asia from 13 December 1990 to 17 May 1991. The DD Form 214 also shows the applicant was honorably released from active duty on 7 July 1991 and credited with completing 3 years, 0 months, and 1 day net active service this period.

5.  There is no evidence the applicant was awarded the Combat Infantryman Badge.  There also is no evidence that the applicant was awarded an MOS in career management field (CMF) 11 (Infantry) or CMF 18 (Special Forces).

6.  A review of the applicant's military service records reveals that he may be entitled to additional awards that are not shown on his DD Form 214.

7.  The applicant's military service records contain a copy of Headquarters,
5th Battalion, 18th Infantry (3rd Armored Division), Permanent Orders 38-4, dated 13 August 1991, that show, in pertinent part, the applicant was awarded the Army Achievement Medal (1st Oak Leaf Cluster) for meritorious achievement from 26 December 1988 to 26 June 1991.

8.  There is no evidence the applicant was awarded the first award of the Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Good Conduct Medal and his records do not contain any adverse information.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the campaigns for the Southwest Asia Conflict.  This document shows the applicant participated in the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), Liberation and Defense of Kuwait (17 January 1991 to 11 April 1991), and Southwest Asia Cease-Fire Campaign (12 April 1991 to 30 October 1995).  

10.  A review of the U.S. Army Human Resources Command, Military Awards Branch website, in pertinent part, lists the unit awards received by units serving in Operation Desert Shield/Desert Storm.  This document shows that, at the time of the applicant's assignment to the 5th Battalion, 18th Infantry, 3rd Armored Division, the unit was cited for award of the Valorous Unit Award for actions from 5 January 1991 to 18 May 1991, by Headquarters, Department of the Army, General Orders Number 14, dated 11 April 1997.

11.  Army Regulation 600-8-22 provides, in pertinent part, that the Army Achievement Medal is awarded to any member of the armed forces of the United States who, on or after 1 August 1981, distinguished themselves by meritorious service or achievement.

12.  Army Regulation 600-8-22 states, in pertinent part, that the first oak leaf cluster is awarded to denote the second award of certain decorations, among which is the Army Achievement Medal.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Good Conduct Medal is awarded to individuals who distinguish themselves by their exemplary conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950 to the present time, the current standard for award of the Good Conduct Medal is 3 years of qualifying service, but as little as 1 year is required for the first award in those cases when the period of service ends with the termination of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  


14.  Army Regulation 600-8-22 provides, in pertinent part, that the Southwest Asia Service Medal is awarded for service in the Persian Gulf War to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 through 30 November 1995.  
      
15.  Army Regulation 600-8-22 also provides, in pertinent part, for award of a bronze service star, based on qualifying service, for each campaign listed in Appendix B of this regulation and states that authorized bronze service stars will be worn on the appropriate service medal, including the Southwest Asia Service Medal.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Valorous Unit Award to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

17.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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.

18.  The Kuwait Liberation Medal awarded by the Government of Kuwait 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.

19.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the Combat Infantryman Badge and specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and 8-6c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991.  These paragraphs state there are basically 3 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 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.

20.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also established standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the source documents for entering information on the
DD Form 214 will be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

21.  Table 2-1 (DD Form 214 Preparation Instructions) of the Separation Documents regulation, in effect at the time of the applicant's discharge, contains item-by-item instructions for completing the DD Form 214.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) states that entries will be for all periods of service.  Check the Soldier’s military service records for the validity of awards.  Do not abbreviate when listing the entries.  List the entries in order of precedent.

22.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  The regulation provides that the ABCMR begins its consideration of each case with the presumption of administrative regularity. The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his records should be corrected to show award of the Combat Infantryman Badge because he served in Southwest Asia during Operation Desert Storm.

2.  There is no evidence the applicant was awarded the Combat Infantryman Badge.  The evidence of record shows the applicant was awarded MOS 63T (Bradley Fighting Vehicle Systems Mechanic) and assigned to the 5th Battalion, 18th Infantry, 3rd Armored Division in Southwest Asia from 13 December 1990 through 17 May 1991.  There is no evidence showing the applicant was awarded an infantry or special forces MOS.  Thus, the applicant did not meet the most basic and strict criteria that an enlisted Soldier must meet in order to be eligible to qualify for award of the Combat Infantryman Badge during his service in Operation Desert Storm.  Therefore, the applicant is not authorized correction of his records to show award of the Combat Infantryman Badge.

3.  Permanent Orders awarded the applicant the second award of the Army Achievement Medal (i.e., Army Achievement Medal with 1st Oak Leaf Cluster) on 13 August 1991.  The evidence of record also shows that there is a presumption of administrative regularity in the conduct of governmental affairs.  Thus, it may be reasonably concluded that the applicant was awarded the first award of the Army Achievement Medal prior to receiving his second award of the Army Achievement Medal.  Therefore, the applicant’s records should be corrected to show award of the Army Achievement Medal (1st Oak Leaf Cluster).

4.  The evidence of record shows the applicant completed a qualifying period of active duty enlisted service from 7 July 1988 through 6 July 1991.  There is no evidence that the applicant’s commander disqualified him for award of the Good Conduct Medal.  In fact, the evidence of record shows the applicant was awarded the Army Achievement Medal for meritorious achievement during the period
26 December 1988 to 26 June 1991 and offers evidence of his exemplary conduct, efficiency, and fidelity during this period.  Therefore, the applicant’s records should be corrected to show award of the Good Conduct Medal for the period 7 July 1988 through 6 July 1991.

5.  General Orders awarded the applicant’s unit the Valorous Unit Award.  Therefore, it would be appropriate to correct his records to show this unit award.

6.  The evidence of record shows that the applicant qualified for award of the Kuwait Liberation Medal (Saudi Arabia), which was approved on 3 January 1992, and his DD Form 214 was corrected to show this foreign service medal on
9 October 1992.  The evidence of record also shows that the Kuwait Liberation Medal (Kuwait) was approved on 9 November 1995, and that the applicant qualified for this foreign service medal.  Therefore, it would be appropriate to correct his records to show award of the Kuwait Liberation Medal (Kuwait).


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

	a.  awarding the applicant the Good Conduct Medal for exemplary conduct, efficiency, and fidelity during the period 7 July 1988 to 6 July 1991; and

	b.  adding to his DD Form 214 the Army Achievement Medal (2nd Award), Good Conduct Medal, Valorous Unit Award, and Kuwait Liberation Medal (Kuwait).

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 the Combat Infantryman Badge.




       _    ____x___   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20070017034



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20070017034



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1