IN THE CASE OF:
BOARD DATE: 12 June 2008
DOCKET NUMBER: AR20080001528
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, correction of his Certificate of Release or Discharge from Active Duty (DD Form 214) to show award of the Combat Infantryman Badge and any other combat related awards he may be authorized.
2. The applicant states that his DD Form 214 does not show any awards pertaining to his service in the Persian Gulf War.
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 applicants 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 applicants 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 30 September 1985 for 4 years. He completed his initial training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
3. On 3 February 1986, the applicant was assigned for duty as an anti-armor specialist with the 1st Battalion, 15th Infantry Regiment, in the Federal Republic of Germany. He completed this assignment and returned to the United States on
5 February 1989 for duty as a squad leader with the 3rd Battalion, 7th Infantry Regiment, at Fort Stewart, Georgia.
4. On 27 August 1990, the applicant deployed with his unit to Saudi Arabia. He returned with his unit to Fort Stewart, Georgia on 24 March 1991.
5. On 12 August 1992, the applicant was discharged. He had completed
6 years, 10 months, and 13 days of creditable active duty.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 lists his awards as the National Defense Service Medal, Army Service Ribbon, Army Lapel Button, Southwest Asia Service Medal with two bronze service stars, Army Good Conduct Medal, Kuwait Liberation Medal, Overseas Service Ribbon, Expert [Marksmanship Qualification] Badge with Grenade [Bar], Marksman [Marksmanship Qualification] Badge with Rifle [Bar], and the Noncommissioned Officer Professional Development Ribbon. It does not show award of the Combat Infantryman Badge.
7. 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 military occupational specialty (MOS). They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.
8. 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.
9. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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 evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and was assigned to an infantry unit of brigade, regimental, or smaller size; however, it does not show that he ever engaged in combat. Therefore, his request for award of the Combat Infantryman Badge should be denied.
2. The applicants DD Form 214 shows that he was awarded the Kuwait Liberation Medal. However, the entry does not fully identify the award. Records show that he served a qualifying period of service for award of both the Kuwait Liberation Medal (KLM-SA) and the Kuwait Liberation Medal (KLM-KU). Therefore, his records should be corrected to show these awards.
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, particularly his
DD Form 214, be corrected by:
a. deleting the entry Kuwait Liberation Medal from Item 13; and
b. adding in Item 13: Kuwait Liberation Medal (KLM-SA) and Kuwait Liberation Medal (KLM-KU).
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.
__________ _ 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) AR20070016793
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20080001528
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