IN THE CASE OF:	

		BOARD DATE:	1 December 2009  

		DOCKET NUMBER:  AR20090011665 


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) to show award of the Army Commendation Medal; Combat Infantryman Badge; Kuwait Liberation Medal, Saudi Arabia (KLM-SA); and the Kuwait Liberation Medal, Kuwait (KLM-K).  He also requests issuance of these medals.

2.  The applicant states that these medals were awarded after his release from active duty.  

3.  The applicant provides, in support of his application, a copy of 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.  On 3 January 1985, the applicant enlisted in the Regular Army for 6 years.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).  He was subsequently assigned for duty with A Company, 2nd Battalion, 325th Infantry Regiment, 82nd Airborne Division, Fort Bragg, North Carolina.

3.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows that he served with his unit in Saudi Arabia for a period of 7 months from 11 August 1990 to 15 March 1991 in support of the Persian Gulf War.  Item 35 (Current and Previous Assignments) of this same form shows that he performed duty as an infantry squad leader in Saudi Arabia.

4.  The applicant’s DA Form 2A (Personnel Qualification Record - Part I) shows his eligibility date for award of the Army Good Conduct Medal as January 1991.  Item 9 (Awards, Decorations and Campaigns) of his DA Form 2-1 shows he was awarded his first Army Good Conduct Medal effective 2 January 1988.

5.  On 30 April 1991, the applicant was discharged due to the expiration of his term of service (ETS).  He had attained the rank of sergeant, pay grade E-5, and had completed 6 years, 3 months, and 28 days of creditable active duty service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 list his awards as the Army Service Ribbon, Army Lapel Button, Expert [Marksmanship Qualification Badge] with Rifle and Grenade Bars, Parachutist Badge, Army Good Conduct Medal, Army Achievement Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Multinational Forces and Observer Medal, National Defense Service Medal and the Ranger Tab.  It does not show award of the Army Commendation Medal, Combat Infantryman Badge, KLM-SA, or the    KLM-K.  

7.  Permanent Orders 15-18, 2nd Brigade, 82nd Airborne Division, dated 
7 May 1991, awarded the applicant the Army Commendation Medal for meritorious service during the period from 1 August 1985 to 22 April 1991.

8.  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) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 October 1995).

9.   The 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 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.

11.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.  Current practice requires that the commander provide written notice of unfavorable consideration and permits the individual to respond.  Subsequent awards of the Army Good Conduct are authorized for each additional 3 years of qualifying active duty service.  A bronze clasp with two loops denotes a total of 
6 years of qualifying service.  

12.  Army Regulation 600-8-22 provides for award of the Combat Infantryman Badge.  That paragraph states 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.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to add the Army Commendation Medal, Combat Infantryman Badge, KLM-SA, and the KLM-K.

2.  The evidence clearly shows that the applicant was awarded an infantryman MOS and was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Republic of Vietnam.  However, it does not sufficiently show that he ever engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should be denied.

3.  Permanent orders show that the applicant was awarded the Army Commendation Medal.  Therefore, this award should be added to his DD Form 214.

4.  The applicant’s records show that he was awarded the Army Good Conduct Medal for the period from 3 January 1985 to 2 January 1988.  He was also awarded the Army Commendation Medal for his meritorious service during his entire period of active duty service.  Therefore, it is presumed that his not receiving a second award of the Army Good Conduct Medal for his service from 3 January 1988 to 2 January 1991 was an oversight.  Accordingly, he should be awarded this medal and his DD Form 214 corrected to show award of the Army Good Conduct Medal with a bronze clasp with two loops.

5.  Records show that the applicant participated in two campaign periods during his service in the Persian Gulf War.  Therefore, he is eligible for award of the Southwest Asia Service Medal with two bronze service stars.

6.  Records show that the applicant served during a qualifying period for award of the KLM-SA and the KLM-K.  Therefore, his DD Form 214 should be corrected to show these two 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:

	a.  awarding him the Army Good Conduct Medal (2d award) for the period from 3 January 1988 to 2 January 1991;

   b.  deleting from Item 13 the Army Good Conduct Medal; and	

   c.  showing that, in addition to the awards shown on his DD Form 214, his authorized awards include the Army Commendation Medal, Army Good Conduct Medal with a bronze clasp with two loops, Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal (KLM-SA) and the Kuwait Liberation Medal (KLM-K) and that he be issued these awards. 

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 award of 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)                                         AR20090011665





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ABCMR Record of Proceedings (cont)                                         AR20090011665



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