BOARD DATE:	  March 2, 2010

		DOCKET NUMBER:  AR20090011080 


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, correction of his military records to show award of the Combat Infantryman Badge, "flight wings" (formerly known as the Aircraft Crewman Badge and currently known as the Aviation Badge), and all awards to which he is entitled for participating in Operation Desert Storm.

2.  The applicant states, in effect, he participated in Operation Desert Storm during 1990 and 1991.  The applicant continues that his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 21 February 1992 does not reflect any awards or decorations for his participation in the operation.

3.  The applicant provides no additional documentation in support of this case.

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 enlisted in the Regular Army on 16 May 1989 and successfully completed basic training and advanced individual training.  He was awarded military occupational specialty 11B (Infantryman/Dragon Gunner).

3.  The applicant arrived at Fort Carson, Colorado, and was assigned to Company B, 1st Battalion, 8th Infantry, 4th Infantry Division, on 3 August 1990.

4.  On 21 February 1992, the applicant was discharged from active duty and he was issued an Under Other than Honorable Conditions Discharge Certificate based on the provisions of chapter 10 of Army Regulation 635-200 (Personnel Separations) for the good of the service in lieu of trial by court-martial.

5.  The applicant's DD Form 214 for the period ending 21 February 1992 shows he was awarded the Army Service Ribbon, the Expert Marksmanship Qualification Badge (Hand Grenade), the Expert Marksmanship Qualification Badge (Dragon Gunner), and the Sharpshooter Marksmanship Qualification Badge (M-16 Rifle).

6.  There are no orders in the applicant's available records that show he was awarded the Combat Infantryman Badge or the Aircraft Crewman Badge.

7.  Item 9 (Awards and Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) does not show awards of the Combat Infantryman Badge or the Aircraft Crewman Badge.

8.  On 30 November 2009, the Defense Finance and Accounting Service (DFAS) verified the applicant's records showed that he received imminent danger pay for the period 7 February 1991 through 25 March 1991 while serving in the Persian Gulf in support of Operation Desert Storm.  He departed the Southwest Asia theater of operations after being credited with participating in one campaign.

9.  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 8-6c 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 have 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.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Aviation Badge may be permanently awarded for successful completion of formal advanced individual training in career management field 67 military occupational specialties.

11.  Army Regulation 600-8-22 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 for the period 2 August 1990 to 16 January 1991, the Liberation and Defense of Kuwait for the period 17 January 1991 to 11 April 1991), and the Cease-Fire Campaign for the period 12 April 1991 to 30 November 1995.

12.  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.

13.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) 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 of record shows the applicant was awarded an infantry MOS and that he served in infantryman positions with Company B, 1st Battalion, 8th Infantry, 4th Infantry Division.  However, there is insufficient evidence to show he met all the criteria required for award of the Combat Infantryman Badge.

2.  There is no evidence he participated in active ground combat during the time he served with the unit.  There are no orders showing he was awarded the Combat Infantryman Badge.  Therefore, there is insufficient evidence on which to base adding the Combat Infantryman Badge to his DD Form 214.

3.  The evidence of record shows the applicant was awarded MOS 11B.  There is no evidence in the available records and the applicant has not provided evidence that he performed aircraft crewman duties or successfully completed formal advanced individual training in career management field 67.  Therefore, there is insufficient evidence to show he is eligible for award of the Aviation Badge.

4.  There is no evidence in the applicant's records that shows he was awarded the Southwest Asia Service Medal.  However, DFAS verified he was deployed to the Persian Gulf in support of Operation Desert Storm during the period 7 February 1991 through 25 March 1991.  He met the eligibility criteria for award of the Southwest Asia Service Medal.  His participation in one campaign makes him eligible for one bronze service star to be worn on his Southwest Asia Service Medal.  The applicant's DD Form 214 should be amended to add this award.

5.  The applicant met the eligibility criteria for award of the KLM-SA and the 
KLM-KU.  The applicant's DD Form 214 should be amended to add these 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 amending his DD Form 214 to add the Southwest Asia Service Medal with one bronze service star, the KLM-SA and the KLM-KU.


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 and the Aviation 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)                                         AR20090011080



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ABCMR Record of Proceedings (cont)                                         AR20090011080



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