IN THE CASE OF:
BOARD DATE: 21 January 2009
DOCKET NUMBER: AR20080016062
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge and all awards and decorations to which he may be entitled.
2. The applicant states that he served with the Army during combat in Iraq during the Persian Gulf War and that he held an infantry military occupational specialty.
3. The applicant provides a copy of his DD Form 214.
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 17 August 1989. He served as an infantryman in Southwest Asia from 11 September 1990 to 7 April 1991. On 17 August 1992, he was released from active duty.
3. The applicants DD Form 214 shows the Army Good Conduct Medal, the Army Service Ribbon, the Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars, the Army Lapel Button, the National Defense Service Medal, the Southwest Asia Service Medal with two bronze service stars, the Air Assault Badge, and Saudi Arabia Kuwait Liberation Medal as authorized awards.
4. There are no orders for the Combat Infantryman Badge in the available records.
5. 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 and 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.
6. 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.
7. 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. There are no orders for the Combat Infantryman Badge in the applicants service personnel records. Although the evidence of record shows the applicant served as an infantryman during his assignment in Southwest Asia, there is no evidence of record which shows his unit was engaged in active ground combat or that he was personally present and under hostile fire in Southwest Asia. Therefore, there is insufficient evidence on which to base award of the Combat Infantryman Badge in this case.
2. The applicant's DD Form 214 shows the KLM-SA as an authorized award. However, based on the applicants service in Southwest Asia, he is also entitled to award of the KLM-K.
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 adding the Kuwait Liberation Medal awarded by the Government of Kuwait to his DD Form 214.
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.
_______ _ xxx_______ ___
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.
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