IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080001021 


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 that he be awarded the Combat Infantryman Badge (CIB), the Kuwait Liberation Medal, and the Sharpshooter Marksmanship Qualification Badge (Dragon Gunner).  He also requests, in effect, that the Primary Leadership Development Course (PLDC) be deleted from item             14 (Military Education) and the Noncommissioned Officer Professional Development Ribbon (NPDR) be deleted from item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his          DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 3 July 1991.

2.  The applicant states that he was an 11B (Infantryman).  Not enough personnel were aware that his unit went to combat.  He did not receive a CIB, a Kuwait Liberation Medal, or the Sharpshooter Marksmanship Qualification Badge for Dragon Gunner.

3.  The applicant also states that he did not graduate from PLDC and did not earn the NPDR.

4.  The applicant provides no additional evidence.

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 enlisted in the Regular Army on 6 August 1985.  He completed basic training and advanced individual training and was awarded military occupational specialty 11B.

3.  The applicant was assigned to the 2d Battalion, 18th Infantry, Fort Benning, GA, on an unknown date.

4.  In December 1989, the applicant was released from PLDC for failing to achieve academic standards on the Land Navigation Examination.

5.  The applicant served in Southwest Asia from 2 August 1990 to 28 March 1991.

6.  The applicant was released from active duty on 3 July 1991.  His DD Form 214 for the period ending 3 July 1991 shows he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Army Good Conduct Medal, the National Defense Service Medal, the NPDR, the Southwest Asia Service Medal with two bronze service stars, the Army Lapel Button, the Sharpshooter Marksmanship Qualification Badge with Machinegun bar, the Sharpshooter Marksmanship Qualification Badge with Dragon Gunner bar, the Marksman Marksmanship Qualification Badge with Rifle bar, and the Marksman Marksmanship Qualification Badge with Grenade bar.

7.  Item 14 of the applicant’s DD Form 214 for the period ending 3 July 1991 shows he completed PLDC in December 1989.

8.  Army Regulation 600-8-22 (Military Awards), paragraph 8-6k, 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 CIB during the period    

17 January through 11 April 1991.  These paragraphs state there are basically three requirements for award of the CIB.  The Soldier must be an infantryman 
satisfactorily performing infantry duties, who is 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.  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.  Campaign or battle credit alone is not sufficient for award of the CIB.

9.  Army Regulation 600-8-22 states 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.

10.  Army Regulation 600-8-22 states 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.

11.  Army Regulation 600-8-22 states the NPDR is awarded to members of Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.

12.  Army Regulation 600-8-22 sets forth requirements for award of basic marksmanship qualification badges.  The qualification badge is awarded to indicate the degree in which an individual has qualified in a prescribed record course, and an appropriate bar is furnished to denote each weapon with which the individual has qualified.  A “Dragon Gunner” bar is not listed as an authorized bar.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant was an infantryman, assigned to an infantry unit, and appears to have served in Southwest Asia during Operation Desert Storm with that infantry unit.  However, there is no evidence of record and the applicant provides no evidence to show he was personally present and under hostile fire while that unit actively engaged in ground combat with the enemy.  Regrettably, there is insufficient evidence that would warrant awarding him the CIB.


2.  The applicant met the eligibility criteria for award of the KLM-SA and the  KLM-K.  These two awards should be added to his DD Form 214 for the period ending 3 July 1991.

3.  The Sharpshooter Marksmanship Qualification Badge with Dragon Gunner bar is already listed on the applicant’s DD Form 214 for the period ending 3 July 1991.  However, it is noted that a “Dragon Gunner” bar is not listed in Army Regulation 600-8-22 as an authorized bar to wear on a marksmanship qualification badge.  That appears to be the reason why he did not receive the Sharpshooter Marksmanship Qualification Badge with Dragon Gunner bar.

4.  The applicant stated that he did not complete PLDC and therefore did not earn the NPDR.  The evidence of record confirms he did not complete PLDC.  His DD Form 214 for the period ending 3 July 1991 should be amended to delete the PLDC from item 14 and to delete the NPDR from item 13.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___xx___  ___xx___  ___xx___  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.  deleting the Primary Leadership Development Course from item 14 of his DD Form 214 for the period ending 3 July 1991;

     b.  deleting the Noncommissioned Officer Professional Development Ribbon from item 13 of his DD Form 214 for the period ending 3 July 1991; and

     c.  adding the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait) to item 13 of his DD Form 214 for the period ending    3 July 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 Combat Infantryman Badge. 




 _    _____xxxxxxx__________
       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)                                         AR20080001021





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ABCMR Record of Proceedings (cont)                                         AR20080001021



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