BOARD DATE:	  15 October 2009

		DOCKET NUMBER:  AR20090007789 


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, in effect, award of the Combat Infantryman Badge, Combat Aviation Wings [correctly known as the Aircraft Crew Member Badge and currently known as the Aviation Badge], and any other awards his units received during his tenure in the Army.

2.  The applicant states, in effect, that he earned the above awards while serving with the 5th Battalion, 101st Aviation Regiment, 101st Airborne Division as a door gunner on a UH-60 (Blackhawk Helicopter).

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty); DD Form 215 (Correction to DD Form 214); a DA Form 759 (Individual Flight Record and Certification); and a letter from the Rear Detachment Commander, Headquarters, 5th Battalion, 101st Aviation Regiment 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 record shows he enlisted in the Regular Army on 2 June 1987.  He was trained in and awarded military occupational specialty (MOS) 11B (Infantryman).

3.  On 25 April 1991, the applicant was released from active duty in the Army with an honorable characterization of service.  The DD Form 214 he was issued at the time confirms he completed a total of 3 years, 10 months, and 24 days of creditable active service.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the Good Conduct Medal, Overseas Service Ribbon, Army Service Ribbon, Air Assault Badge, Army Achievement Medal, Driver-Mechanic Badge, National Defense Service Medal and the Sharpshooter Qualification Badge with Rifle and Grenade Bars.  A subsequent DD Form 215, dated 20 January 1992, shows he also earned the Army Commendation Medal and the Southwest Asia Service Medal with 2 bronze service stars during his service.

4.  The applicant's record contains Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 107-018, dated 17 April 1991, which awarded the applicant the Combat Infantryman Badge for his service as an Infantryman in a unit actively engaged in ground combat with the enemy during the period 24 February to 27 February 1991.

5.  The applicant's record contains Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Permanent Orders 281, dated 8 October 1991, which awarded the applicant the permanent award of the Aircraft Crewman Badge for crewmember flying duties for the period 1 November 1990 to 15 March 1991.

6.  The applicant's DA Form 2-1 (Personnel Qualification Record) in item 5 (Oversea Service) shows the applicant completed a tour in Saudi Arabia during the period 15 September 1990 to 7 April 1991.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  The regulation governing military awards at the time in question provided for temporary and permanent award of the Aircraft Crew Member Badge.  The regulation authorized the commander of any unit with Army aircraft assigned to publish orders allowing qualified members of that command to wear the Aircraft Crew Member Badge. 

8.  Army Regulation 600-8-22, chapter 9 outlines the policies pertaining to the eligibility of individuals to accept or wear foreign decorations and badges tendered by foreign governments.  This regulation provides that 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.

9.  Army Regulation 600-8-22 states 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's contention that he is entitled to the Combat Infantryman Badge and the Aircraft Crew Member Badge was carefully considered and was found to have merit.

2.  Available orders confirm the applicant was awarded the Combat Infantryman Badge for his service while serving as an Infantryman with an infantry unit that actively engaged in ground combat with the enemy during the period 24 February to 27 February 1991.  Therefore, he is entitled to correction of his records to show this award.

3.  Available orders confirm the applicant was awarded the Aircraft Crewman Badge for crewmember flying duties for the period 1 November 1990 to 15 March 1991.  Therefore, he is entitled to correction of his records to show the Aviation Badge.

4.  Available evidence confirms the applicant completed a 7 month tour of duty in Saudi Arabia.  As a result, he is entitled to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.

5.  The units to which the applicant was assigned during his tenure in the Army received no additional awards beyond those being added below or those already reflected in his record.



BOARD VOTE:

____x___  ____x____  __x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 13 of his DD Form 214 the Combat Infantryman Badge, Aviation Badge, the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia, and the Kuwait Liberation Medal awarded by the Government of Kuwait.




      _______ _   _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)                                         AR20090007789



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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