BOARD DATE:	  14 December 2010

		DOCKET NUMBER:  AR20100013248 


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 Southwest Asia Service Medal (SWASM) and the Combat Infantryman Badge (CIB).

2.  The applicant states he served with the 1st Platoon, A Company,
1st Battalion, 15th Infantry Regiment, and he was deployed to Saudi Arabia.  He contends that he was never awarded the SWASM or the CIB.  The rest of his platoon received these awards.

3.  The applicant provides a copy of his DD Form 214 and pages 1 and 4 of his DA Form 2-1 (Personnel Qualification Record - Part II).

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 records show the following:

Event
Dates
Enlisted in the Regular Army 
8 February 1984
Assigned to A Company, 1st Battalion, 15th Infantry Regiment as a section leader and squad leader
10 February 1988 through 7 May 1991
Deployed to Saudi Arabia in support of Operation Desert Shield/Desert Storm
13 February to 15 March 1991
Returned to the United States for duty at Fort Riley, KS
On or about 8 May 1991
Released from active duty 
7 February 1992
3.  The applicant's DD Form 214 shows in:

	a.  Item 11 (Primary Specialty) the entry 11M (Fighting Vehicle Infantryman) and 11B (Infantryman);	

	b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the Army Service Ribbon, National Defense Service Medal, Army Lapel Button, Army Good Conduct Medal (2nd Award), Overseas Service Ribbon, Noncommissioned Officer Professional Development Ribbon, and the Army Achievement Medal; and 

4.  Item 27 (Remarks) of the applicant's DA Form 2-1 states, "Duty in imminent danger pay area Southwest Asia 13 Feb 91 - 15 Mar 91."

5.  Army Regulation 600-8-22 (Military Awards) states the SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 
2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are 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 November 1995)


6.  Army Regulation 600-8-22 states 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.

7.  Army Regulation 600-8-22 states 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.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry military occupational specialty.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record clearly shows that the applicant was deployed to Saudi Arabia in support of Operation Desert Shield/Desert Storm from
13 February to 15 March 1991.  Therefore, his records should be corrected to show award of the SWASM with one bronze service star.

2.  The available evidence shows that the applicant served during a qualifying period for award of the KLM-SA and the KLM-KU.  Therefore, he is entitled to these two foreign awards and correction of his DD Form 214 to show these awards.

3.  The evidence clearly shows that the applicant was awarded an infantryman military occupational specialty and he was assigned to an infantry unit of brigade, regimental, or smaller size in Southwest Asia.  However, there is no available evidence showing he engaged in active ground combat.  Therefore, his request for award of the Combat Infantryman Badge should not be granted.

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 adding to item 13 of his DD Form 214 the Southwest Asia Service Medal with one bronze service star, Kuwait Liberation Medal - Saudi Arabia, and the Kuwait Liberation Medal - Kuwait.

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)                                         AR20100013248



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ABCMR Record of Proceedings (cont)                                         AR20100013248



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