BOARD DATE:	  12 August 2010

		DOCKET NUMBER:  AR20100006998 


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 reconsideration of his earlier petition to add the Combat Infantryman Badge (CIB) and Army Commendation Medal (ARCOM) to his record and DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  In a Congressional inquiry, the applicant states he was rushed through the discharge process after being held beyond his expiration of term of service to serve in the Gulf War.  He claims that during his rushed out-processing at
Fort Devens, Massachusetts, he and many others were rushed to check the accuracy of their DD Forms 214 and through his ignorance, he did not check it well and missed the two items in question.  He claims he was awarded the CIB and ARCOM during Operation Desert Storm and the CIB was pinned on him with the rest of his unit.  

3.  The applicant states he has contacted a combat buddy who has orders for both the awards in question which he is providing.  

4.  The applicant provides the following documents in support of his application:

* Congressional Inquiry Packet
* ARCOM Certificate
* Third-Party Statement



CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080002258 on 10 June 2008.

2.  During the original review of the case, the Board found insufficient documentary evidence to support granting the requested relief.  It determined the applicant’s record lacked orders for the ARCOM and CIB.  

3.  The applicant now submits a third-party notarized statement along with CIB and ARCOM orders for a Soldier who served with him in Operation Desert Storm as new evidence.  This individual stated he and the applicant participated in ground operations as members of a Bradley Fighting Vehicle crew.  He claims during their war time mission, they destroyed two tanks and captured 132 Iraqi prisoners of war.  He attests to the fact that the day after combat operations were over, the battalion commander personally awarded everyone in the unit to include him and the applicant the CIB.  He confirms he witnessed the applicant receiving the CIB from the battalion commander.  This individual also provided his CIB and ARCOM orders.  

4.  The applicant’s record shows he enlisted in the Regular Army and entered active duty on 14 October 1986, and was trained in and awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  

5.  The applicant’s record confirms he served in Southwest Asia (SWA) in Operation Desert Storm from 1 January through 31 May 1991.  It also contains a Memorandum for Record (MFR) from the battalion adjutant, dated 23 May 1991, which documents the applicant’s service in Operation Desert Storm and confirms his combat service and identifies the areas of his deployment during the operation.  

6.  Unit history documents for the applicant's unit (5th Battalion, 5th Cavalry Regiment) show it deployed to SWA on 2 January 1991, and was attached to a task force of the 3rd Armored Division during the Gulf War.  The unit history outlines the unit’s participation in five days of combat operations and its engagement with enemy forces between 23 and 26 February 1991.  

7.  On 20 June 1991, the applicant was honorably released from active duty, in the rank of sergeant, after completing 4 years, 6 months, and 7 days of active military service.  
8.  The DD Form 214 he was issued shows he earned the following awards in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* National Defense Service Medal
* Southwest Asia Service Medal (SWASM)
* Overseas Service Ribbon
* Army Good Conduct Medal (2nd Award)
* Army Achievement Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Air Assault Badge
* Driver and Mechanic Badge with Driver-W Bar

9.  The applicant provides a certificate, dated 9 July 1991, which shows he was awarded the ARCOM for meritorious achievement during Operation Desert Storm.  

10.  Army Regulation 600-8-22 (Military Awards) provides the Army’s awards policy.  Paragraph 2-14 provides guidance on the SWASM.  It states a bronze service star is authorized with this award for each campaign a member is credited with participating in while serving in SWA.  Appendix B contains a list of SWA campaigns.  It shows during the applicant's tenure of assignment in SWA, participation credit with granted for the Defense of Saudi Arabia (2 August 1990-16 January 1991), Liberation and Defense of Kuwait (17 January-11 April 1991) and Southwest Asia Cease-Fire (12 April 1991-30 November 1995).  

11.  Paragraph 8-6 of the awards regulation contains guidance on the CIB.  It states for award of the CIB, a Soldier must meet the following three requirements:

* Be an infantryman satisfactorily performing infantry duties
* Assigned to an infantry unit during such time as the unit is engaged in active ground combat
* Actively participate in such ground combat

12.  Paragraph 9-14 of the awards regulation contains guidance on the Kuwait Liberation Medal-Saudi Arabia (KLM-SA).  It states it is authorized for participation in Operation Desert Storm for the period between 17 January 1991 and 28 February 1991.  Paragraph 9-15 contains guidance on the Kuwait Liberation Medal-Kuwait (KLM-KU).  It states it is authorized for service in Operations Desert Shield/Storm between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention the CIB and ARCOM should be added to his record and DD form 214 and the new evidence he submits has been carefully considered and found to have merit.  

2.  By regulation, in order to support award of the CIB a member must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  

3.  The evidence or record confirms the applicant held and served in an infantry MOS in a qualifying infantry unit during Operation Desert Storm.  Historical records confirm his unit’s active participation in combat during this operation and a MFR from the battalion adjutant confirms the applicant’s presence and participation with the unit during its combat operations in Iraq.  Further, the 
third-party statement provided from a Soldier who served with the applicant during Operation Desert Storm corroborates his participation in combat operations with the unit.  Therefore, it would be appropriate to award him the CIB and to add it to his record and DD Form 214 at this time.  

4.  Although there are no ARCOM orders in the record or provided by the applicant, the certificate awarding the applicant the ARCOM was not published until well after the unit’s return from Operation Desert Storm and the applicant’s separation.  Therefore, given his documented participation in combat operations during Operation Desert Storm and the success of his unit during the operation, it is reasonable to presume the certificate is valid and that the applicant was awarded the ARCOM for his achievement during Operation Desert Storm.  As a result, it would also be appropriate to add this award to his record and DD Form 214. 

5.  In addition, based on the applicant's service and campaign participation in Operation Desert Storm in SWA, he is also eligible for the KLM-SA, KLM-KU and 3 bronze service stars with his SWASM.  Therefore, it would also be appropriate to add these awards to his record and DD Form 214.  



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 amendment of the ABCMR’s decision in Docket Number AR20080002258, dated  10 June 2008.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending item 13 of his DD Form 214 by deleting the current SWASM entry and adding the following awards:

* Army Commendation Medal 
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Kuwait Liberation Medal-Kuwait
* 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)                                         AR20100006998



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)