IN THE CASE OF:	  

		BOARD DATE:	  29 April 2010

		DOCKET NUMBER:  AR20090016022 


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 all of his awards for Operation Desert Shield/Desert Storm, to include the Valorous Unit Award, Combat Infantryman Badge, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and the Southwest Asia Service Medal.

2.  The applicant states that the omission of his awards was maybe due to his reassignment shortly after returning from Saudi Arabia.

3.  The applicant provides copies of two letters of support.

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 18 February 1988, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  He was subsequently assigned for duty with the 2nd Battalion, 36th Infantry Regiment, located in the Federal Republic of Germany.

3.  On 23 July 1990, the applicant was reassigned to Fort Riley, KS for duty with the 2nd Battalion, 16th Infantry Regiment.  In September 1990, he was reassigned within the battalion for duty with Headquarters and Headquarters Company.

4.  On or about 7 January 1991, the applicant deployed with his unit to Saudi Arabia in support of Operation Desert Shield/Desert Storm.  He returned to Fort Riley on or about 12 May 1991.  He had served approximately 4 months in Saudi Arabia.

5.  On 9 October 1991, the applicant was honorably discharged from active duty with a voluntary separation.  He had completed 3 years, 7 months, and 20 days of creditable active service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his awards as the Army Service Ribbon, National Defense Service Medal, Army Achievement Medal, Overseas Service Ribbon, Expert [Marksmanship Qualification Badge] with M-16 Rifle [Bar], and the Sharpshooter [Marksmanship Qualification Badge] with Grenade [Bar].

7.  The applicant provides a letter of support, dated 10 January 2009, written by a former fellow Soldier from his unit.  The letter essentially states that the author and the applicant served together in combat during Operation Desert Storm.  He further states that both he and the applicant were awarded the Combat Infantryman Badge on Orders Number 30-05, dated 22 April 1991.  Copies of these orders were not provided and are not contained in the applicant's personnel records.

8.  The applicant provides a letter of support, dated 8 March 2009, written by his former unit commander during the period August 1990 to October 1991.  The letter states that all infantryman in Headquarters Company, 2nd Battalion,
16th Infantry Regiment were awarded the Combat Infantryman Badge.

9.  Department of the Army General Orders (DAGO) Number 27, dated             27 December 1994, awarded the Valorous Unit Award to Headquarters and Headquarters Company, 2nd Battalion, 16th Infantry Regiment for the period from 24 to 28 February 1991.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  It states the Valorous Unit Award is awarded for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force or while serving with friendly foreign forces engaged in an armed conflict in which the United States is not a belligerent party for actions occurring on or after 3 August 1963.  This award requires a lesser degree of gallantry, determination, and esprit de corps than required for the Presidential Unit Citation.  Nevertheless, the unit must have performed with marked distinction under difficult and hazardous conditions in accomplishing its mission so as to set it apart from and above other units participating in the same conflict.  The degree of heroism required is the same as that which would warrant award of the Silver Star to an individual.

11.  Army Regulation 600-8-22, 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 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.

12.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is  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)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 October 1995)

13.  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.

14.  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.  The applicant contends that his DD Form 214 should be corrected to show all of his awards for Operation Desert Shield/Desert Storm, to include the Valorous Unit Award, Combat Infantryman Badge, Kuwait Liberation Medal - Saudi Arabia, Kuwait Liberation Medal - Kuwait, and the Southwest Asia Service Medal.

2.  The evidence clearly shows that the applicant was awarded an infantry MOS and was assigned to an infantry unit of brigade, regimental, or smaller size.  His unit was deployed to Iraq and went into combat against the Iraqi forces.  The applicant's former commander states that the applicant participated in combat and was awarded the Combat Infantryman Badge.  Records also show the applicant's unit during his assignment was awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations for the period from 24 February to 28 February 1991.  Therefore, his DD Form 214 should be corrected to show this badge.

3.  The applicant’s unit was cited in general orders for award of the Valorous Unit Award during his assignment.  Therefore, his records should be corrected to show this unit award.

4.  Records show that the applicant served during a qualifying period for award of the Southwest Asia Service Medal.  Records also show that the applicant served in Iraq and participated in three campaign periods.  Therefore, he is eligible for award of the Southwest Asia Service Medal with 3 bronze service stars.

5.  Records show that the applicant served during a qualifying period for award of the Kuwait Liberation Medal - Saudi Arabia and the Kuwait Liberation Medal - Kuwait.  Therefore, his records should be corrected to show these foreign awards.



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, Southwest Asia Service Medal with three bronze service stars, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - 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)                                         AR20090016022



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090016022



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1