IN THE CASE OF:	  

		BOARD DATE:	  14 July 2009

		DOCKET NUMBER:  AR20090002835 


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 award of the Combat Infantryman Badge.  He also requests that any additional awards he may be authorized for his service during Operation Desert Storm be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states his DD Form 214 is missing awards from his service during Operation Desert Storm.  He states he is now suffering from post-traumatic stress disorder (PTSD) and other problems associated with Gulf War Syndrome.

3.  The applicant provides no additional evidence or official documentation 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 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's military personnel records show he enlisted in the Regular Army on 17 July 1987 for a period of 4 years.  He completed basic combat training and advanced individual training and was awarded the military occupational specialty (MOS) 11B (Infantryman).

3.  Headquarters, United States Army South, Permanent Orders 153-25, dated 16 November 1989, awarded the applicant the Army Achievement Medal for meritorious service during the period from 2 December 1987 to 23 October 1989.

4.  On 4 January 1990, the applicant was assigned to Company A, 3d Battalion, 505th Parachute Infantry Regiment.

5.  The Defense Manpower Data Center (DMDC) compiled an Operation Desert Shield/Desert Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  For Reserve and National Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 1991.  A Phase II file lists active duty personnel who served in-theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.

6.  The DMDC Operation Desert Shield/Desert Storm Data Base shows the applicant participated in-theater during the period from 1 August 1990 to 1 April 1991.

7.  3d Battalion, 505th Parachute Infantry Regiment, Permanent Order Number 169-3, dated 18 June 1991, awarded the applicant the Army Achievement Medal for meritorious service during the period from 25 January 1990 to 17 July 1991.

8.  On 16 July 1991, the applicant was released from active duty by reason of the expiration of his term of service.  He had completed 4 years of active service that was characterized as honorable.

9.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows among other awards he is authorized the Southwest Asia Service Medal with two bronze service stars.  Item 13 does not show he was awarded the Combat Infantryman Badge.

10.  A memorandum for record, dated 17 July 1991, from the applicant's commander states that the applicant was deployed with Company A, 3d Battalion, 505th Parachute Infantry Regiment, to Saudi Arabia in support of Operation Desert Shield/Desert Storm during the period from 16 August 1990 to 1 April 1991.

11.  Department of the Army General Order Number 27, dated 27 December 1994, shows that the applicant's unit received the Meritorious Unit Commendation (Army) for exceptionally meritorious conduct in the performance of outstanding service during the period from 14 August 1990 to 1 April 1991.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers and warrant officers who have an infantry or special forces specialty and satisfactorily performed duty as an infantryman 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 to close with and destroy the enemy with direct fire.  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 to close with and destroy the enemy with direct fire.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Saudi Arabia (KLM-SA) awarded by the Kingdom of Saudi Arabia 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Kuwait Liberation Medal - Government of Kuwait (KLM-K) awarded by the Government of Kuwait 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 shows the applicant held an infantry MOS and was assigned to an infantry company while the unit was in theater during Operation Desert Shield/Desert Storm.  However, there is no evidence and the applicant has provided no evidence showing he was personally present and under hostile fire while the unit was actively engaged in ground combat.   Therefore, there is insufficient evidence upon which to base award on the Combat Infantryman Badge in this case.

2.  Headquarters, United States Army South, and 3d Battalion, 505th Parachute Infantry Regiment, each awarded the applicant the Army Achievement Medal.  Therefore, it is appropriate to amend item 13 of his DD Form 214 to show he was awarded two Army Achievement Medals.

3.  Based on the applicant's service with the 3d Battalion, 505th Parachute Infantry Regiment, he is authorized the Meritorious Unit Commendation (Army).

4.  Based on the applicant's period of service in Southwest Asia he is authorized the KLM-SA and the KLM-K.  Therefore, it is appropriate to include these awards on the applicant's DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____X___  ___X____  __X_____  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 amending item 13 of his DD Form 214 to show he was awarded or is authorized the Army Achievement Medal (2d Award), the Meritorious Unit Commendation (Army), 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.



      ___________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)                                         AR20090002835



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ABCMR Record of Proceedings (cont)                                         AR20090002835



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