IN THE CASE OF:	  

		BOARD DATE:	        7 August 2008

		DOCKET NUMBER:  AR20080006847 


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 correction of his records to show award of the Combat Infantryman Badge and the Kuwait Liberation Medal. 

2.  The applicant states that his record is in error because it does not show his award of the Combat Infantryman Badge.  He also states that he was awarded the Combat Infantryman Badge alone [sic] with other members of his unit, but it is not shown on his DD Form 214 (Certificate of Release or Discharge from Active Duty). 

3.  The applicant provides the following additional documentary evidence in support of his application:

	a.  DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 7 February 1992.

	b.  Self-authored statement, dated 19 April 2008.

	c.  A statement, dated 21 April 2008, from a former service member.

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.  With prior enlisted service in the Army National Guard, in military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapon Crewman), the applicant's records show he enlisted in the Regular Army for a period of 4 years on 26 January 1990.  The highest rank/grade he attained during his military service was private first class (PFC)/E-3.  He was honorably discharged by reason of physical disability with severance pay on 7 February 1992.

3.  The applicant's records further show that he served in Southwest Asia during the Gulf War, from 29 August 1990 to 25 March 1991.  He was assigned to E Company, 2nd Battalion, 7th Infantry.  

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the National Defense Service Medal, the Army Lapel Button, the Army Service Ribbon, and the Southwest Asia Service Medal with two bronze service stars.  Item 13 does not show award of the Combat Infantryman Badge.

5.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the Combat Infantryman Badge.

6.  There are no permanent orders in the applicant's records that show he was awarded the Combat Infantryman Badge.

7.  In his self-authored statement, dated 19 April 2008, the applicant stated that he was assigned to E Company, 2nd Battalion, 7th Infantry, as a truck driver during the Gulf War and that a friend of his who served in the same unit was awarded the medals.

8.  In his statement, dated 21 April 2008, the applicant's friend stated that while serving in the same unit, the applicant's selfless service, professionalism, integrity, and moral constitution were impeccable.  The friend also stated that the applicant performed duties of truck driver and that he was a hard worker, requiring little supervision and took the initiative in the absence of orders.  During his deployment, he served on the front lines in combat.
9.  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.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  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.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  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.

10.  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.

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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 29 August 1990 to 25 March 1991.  Therefore, he served a qualifying period for award of the KLM-SA and the KLM-K and he is entitled to correction of his records to show these awards.

2.  The fact that the applicant served on the front lines as his friend's statement indicates is not in question.  However, there is no corroborating evidence in the available records and the applicant did not submit any evidence that shows he was an active participant in combat while holding an infantry MOS and assigned to his infantry unit.  In the absence of evidence that shows he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

__xxx___  __xxx___  __xxx___  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 showing award of the KLM-SA and the KLM-K.

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.




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               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)                                         AR20080006847



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ABCMR Record of Proceedings (cont)                                         AR20080006847



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