IN THE CASE OF:	  

		BOARD DATE:	  10 September 2009

		DOCKET NUMBER:  AR20090004204 


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 or Discharge from Active Duty) to include the award of the Combat Infantryman Badge (CIB) and any additional awards to which he may be entitled.

2.  The applicant states that his battalion commander informed the unit to which he was assigned that all infantrymen would receive the CIB.  He states that they were all allowed to wear the CIB on their uniforms for combat action during Desert Storm.

3.  The applicant provides no additional 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.  On 24 February 1987, the applicant enlisted in the Regular Army in Sioux Falls, South Dakota, for 4 years, in the pay grade of E-1.  He successfully completed his training as an infantryman.  

3.  The applicant was transferred to Germany on 17 July 1987 and the available records show that he was assigned to C Battery, 2nd Battalion, 43rd Air Defense Artillery Regiment.  He returned to the Continental United States (CONUS) on 7 July 1989 and he was assigned to Headquarters and Headquarters Company, 1st Battalion, 18th Infantry Regiment, 197th Infantry Brigade, Fort Benning, Georgia.

4.  On 3 September 1990, the applicant was transferred to Saudi Arabia.  A review of the available records does not show that the applicant was engaged in ground combat while he was in Saudi Arabia.  He returned to CONUS on 28 March 1991.

5.  On 2 May 1991, the applicant was honorably released from active duty (REFRAD) under the provisions of Army Regulation 635-200, chapter 4, at the expiration of his term of service.

6.  The DD Form 214 that the applicant was furnished at the time of his REFRAD shows that he was awarded the Army Service Ribbon, the Army Achievement Medal, the Overseas Service Ribbon, the National Defense Service Medal, the Expert Marksmanship Qualification Badge (Rifle M-16), the Expert Marksmanship Qualification Badge (Grenade Bar), the Parachutist Badge, and the Army Lapel Button.

7.  On 5 October 1992, the applicant was furnished a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty) amending his DD Form 214 to include the Southwest Asia Service Medal w/two bronze service stars, the Kuwait Liberation Medal and One Overseas Service Bar.

8.  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.

9.  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.

10.  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 applicant contends that his DD Form 214 should be amended to include the CIB and any additional awards to which he may be entitled.

2.  The applicant’s contentions have been considered and the available records do not support his contention that the CIB should be included on his DD Form 214.  There is no evidence in the available records and the applicant has not provided any evidence to show he was actively engaged in ground combat with enemy forces during the Persian Gulf War.  Therefore, it would not be appropriate to amend his DD Form 214 to include the CIB.

3.  However, on 5 October 1992, the applicant was provided a DD Form 215 to include the award of the Kuwait Liberation Medal.  The DD Form 215 that he was provided does not indicate which Kuwait Liberation Medal.  Based on his period of service in Southwest Asia, he is entitled to both the KLM-SA and the KLM-K.

4.  Therefore, it would be appropriate to correct the applicant’s records as recommended below.



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:

   a.  deleting from his DD Form 214 the Kuwait Liberation Medal; and

   b.  adding to his DD Form 214 both 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 amending his DD Form 214 to include the award of the CIB. 




      _______ _  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)                                         AR20090004204



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ABCMR Record of Proceedings (cont)                                         AR20090004204



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