IN THE CASE OF:
BOARD DATE: 28 October 2008
DOCKET NUMBER: AR20080013241
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 his records be reviewed to determine if he is entitled to a combat award or the Combat Infantryman Badge.
2. The applicant states that during the invasion of Kuwait he served as a cannoneer on an M109 Howitzer, while they received numerous incoming Artillery rounds.
3. The applicant provides a copy of his separation document (DD Form 214), in support of his application.
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's military personnel record shows he enlisted Regular Army on 16 February 1989. He completed the necessary training and was awarded the military occupational specialty (MOS) 13B (Cannon Crewmember).
3. He served on active duty until he was honorably discharged on 30 August 1991. He completed 2 years, 6 months, and 15 days of Net Active Service This Period.
4. The applicant's DD Form 214, in Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows the awards of the Army Service Medal, Southwest Asia Service Medal with 2 bronze service stars, National Defense Service Medal, Overseas Service Ribbon, Good Conduct Medal, Sharpshooter Marksmanship Qualification Badge with Grenade Bar, and the Marksman Marksmanship Qualification Badge with Rifle Bar.
5. The applicant's DD Form 214 further shows in Item 18 (Remarks) that he served in Southwest Asia from 28 December 1990 to 7 July 1991.
6. A review of the applicant's record indicates entitlement to additional awards that are not shown on his DD Form 214.
7. 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.
8. 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.
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, and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs
8-6b and c to be awarded the Combat Infantryman Badge during the period 17 January 1991 to 11 April 1991. These paragraphs state that there are basically three 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, 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. 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. Army Regulation 600-8-22 further states that the requirements for award of the Combat Action Badge are branch and MOS immaterial. Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations, or performing offensive combat operations is not required to qualify for the Combat Action Badge. However, it is not intended to award the Combat Action Badge to all Soldiers who serve in a combat zone or imminent danger area. The Soldier must be performing assigned duties in an area where hostile fire pay or imminent danger pay is authorized. The Soldier must be personally present and actively engaging or being engaged by the enemy, and performing satisfactorily in accordance with the prescribed rules of engagement. The Soldier must not be assigned or attached to a unit that would qualify the Soldier for the Combat Infantryman Badge or the Combat Medical Badge. It also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001
DISCUSSION AND CONCLUSIONS:
1. The applicant requests that his record be reviewed to determine if he was entitled to a combat award or the Combat Infantryman Badge.
2. The evidence shows that the applicant is authorized the awards of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) for the period of service from 28 December 1990 to 7 July 1991. Therefore, he is entitled to correction of his records to show these awards.
3. The evidence shows the applicant was not assigned as an Infantryman while assigned to an infantry unit of brigade, regimental, or smaller size. In order for the applicant to qualify for the Combat Infantryman Badge he had to be personally present and under hostile fire while serving in an assigned infantry
primary duty, in a unit actively engaged in ground combat with the enemy. The applicant held the MOS 13B. Therefore, he is not entitled to correction of his records to show the Combat Infantryman Badge.
4. The Combat Action Badge is not authorized for service prior to 18 September 2001 and retroactive awards are not authorized. Therefore, the applicant is not entitled to correction of his records to show the Combat Action Badge.
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
showing the awards of Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) and Kuwait Liberation Medal awarded by the Government of Kuwait (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 award of the Combat Infantryman Badge and Combat Action 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) AR20080013241
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ABCMR Record of Proceedings (cont) AR20080013241
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