IN THE CASE OF:	  

		BOARD DATE:	  22 October 2009
 
		DOCKET NUMBER:  AR20090007352 


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) for the period ending 1 September 1991 to show the Army Achievement Medal, Army Good Conduct Medal, Southwest Asia Service Medal with 2 bronze service stars, Combat Infantryman Badge, Expert Infantryman Badge, Kuwait Liberation Medal-Government of Kuwait, and the Kuwait Liberation Medal-Saudi Arabia.  He also requests that 3 foreign awards be added to his DD Form 214.

2.  The applicant states these awards were not included on his DD Form 214 at the time of his separation.

3.  The applicant provides, in support of his application, copies of his orders for award of the Expert Infantryman Badge, orders for award of the Army Good Conduct Medal, a certificate for the award of the Army Achievement Medal, and 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 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 (RA) on 2 September 1987 for a period of 4 years.  He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11B (Infantryman).

3.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 110-11, dated 20 June 1988, awarded the applicant the Expert Infantryman Badge, effective 11 May 1988.

4.  Headquarters, 82nd Airborne Division, Fort Bragg, Permanent Orders 31-2, dated 22 February 1991, awarded the applicant the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity during the period 2 September 1987 to 1 September 1990.

5.  An award certificate shows the applicant was awarded the Army Achievement Medal for outstanding achievement while assigned to Headquarters Company, 
1st Battalion, 325th Airborne Infantry Regiment, 82nd Airborne Division from 
6 August 1990 to 15 January 1991.  This certificate cites Orders #7-01 and is dated 24 June 1991.

6.  The Defense Manpower Data Center (DMDC) compiled a Desert Shield/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 Reservist, National Guard member, or retiree who was activated or federalized in response to Desert Shield/Desert Storm.  For Reservists and 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.

7.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 August 1990 to 15 May 1991.

8.  A memorandum for the record, subject:  Lost Medical Records, dated 10 June 1991, from Headquarters, 1st Battalion, 325th Airborne Infantry Regiment, Fort Bragg, NC states the applicant returned [to Fort Bragg] from Saudi Arabia on
7 January 1991 for surgery and physical therapy.
9.  On 1 September 1991, the applicant was released from active duty and he was transferred to the U.S. Army Reserve (SUAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not include the awards he is requesting to be included.

10.  There are no orders in the applicant's military personnel records awarding him the Combat Infantryman Badge.

11.  A memorandum from the U.S. Total Army Personnel Command, Alexandria, VA, undated, authorized the applicant to accept and wear of the German Parachutist Badge Bronze.

12.  There is no evidence of authorization for additional foreign awards that the applicant may have received.

13.  Army Regulation 600-8-22 (Military Awards) provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).  

14.  Paragraph 8-6, Army Regulation 600-8-22, 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.  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.

15.  Army Regulation 600-8-22 states the Kuwait Liberation Medal, 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.

16.  Army Regulation 600-8-22 states the Kuwait Liberation Medal 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.  Orders show the applicant was awarded the Army Achievement Medal, Army Good Conduct Medal, and the Expert Infantryman Badge.  Therefore, it is appropriate to include these awards on his DD Form 214.

2.  The DMDC Desert Shield/Storm Data Base shows the applicant participated in-theater during the period from 1 August 1990 to 15 May 1991.  However, a Memorandum for Record, dated 10 June 1991, shows he returned from Saudi Arabia on 7 January 1991.  Therefore, it is reasonable to believe that the applicant participated in-theater during the period from 1 August 1990 to
6 January 1991.

3.  In view of the applicant's service in Southwest Asia he is authorized the Southwest Asia Service Medal and one bronze service star for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) campaign.  Based on his date of return he did not serve during the Liberation and Defense of Kuwait 
(17 January to 11 April 1991).  Therefore he is not authorized a second bronze service star.

4.  There is no evidence the applicant was 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.  In addition, the available evidence shows the applicant departed the theater on 7 January 1991.  The eligibility date for award of the Combat Infantryman Badge for Operation Desert Storm began on 17 January 1991.  Therefore, there is insufficient evidence to award the Combat Infantryman Badge.

5.  Based on his period of service in Southwest Asia the applicant is authorized the Kuwait Liberation Medal-Government of Kuwait.

6.  The start date for the Kuwait Liberation Medal-Kingdom of Saudi Arabia was 17 January 1991.  The applicant returned from Saudi Arabia on 7 January 1991 for surgery and physical therapy.  Therefore, he is not authorized the Kuwait Liberation Medal-Kingdom of Saudi Arabia.

7.  The applicant received authorization to accept the German Parachutist Badge Bronze.  Therefore, it is appropriate to include this award on his DD Form 214.
8.  There was no evidence of the applicant receiving authorization to accept any other foreign awards.

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 to item 24 of his DD Form 214 the Army Achievement Medal, Army Good Conduct Medal, Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal-Government of Kuwait, Expert Infantryman Badge, and the German Parachutist Badge Bronze.

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 entitlement to a second bronze service star on his Southwest Asia Service Medal, Kuwait Liberation Medal-Kingdom of Saudi Arabia, and additional foreign awards.



      ___________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)                                         AR20090007352



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ABCMR Record of Proceedings (cont)                                         AR20090007352



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