IN THE CASE OF:	  

		BOARD DATE:	  2 December 2010

		DOCKET NUMBER:  AR20100014963 


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 records to show all of his authorized awards and decorations, including the Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge while assigned to Company E, 1st Battalion, 18th Infantry Regiment; however, it is not recorded on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of his DD Form 214 in support of his request.

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 and entered active duty in the Regular Army for a period of 4 years on 20 October 1988.  Upon completion of training he was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service) he served in Saudi Arabia from 3 September 1990 through 29 March 1991;

	b.  item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, and Marksman Marksmanship Qualification Badge with Rifle
(M-16), Hand Grenade, and Tactical Optical Wire (TOW) Gunner Bars;

	c.  item 18 (Appointments and Reductions) he was promoted to specialist (SPC) [E-4] on 20 December 1990; and

	d.  item 35 (Record of Assignments) that he was assigned to Company E,
1st Battalion, 18th Infantry, Fort Benning, Georgia, from 16 June 1989 through
30 January 1992.

4.  Headquarters, 24th Infantry Division (Mechanized), Permanent Orders 8-39, dated 19 March 1991, awarded the applicant the Combat Infantryman Badge for performance of duties while actively engaged in ground combat on 28 February 1991.

5.  The applicant's DD Form 214 shows he entered active duty this period on
20 October 1988, was honorably released from active duty on 31 January 1992, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to completion his Reserve obligation.  At the time he had completed 3 years,
3 months, and 11 days of net active service.

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Southwest Asia Service Medal with two bronze service stars, National Defense Service Medal, Army Service Ribbon, Marksman Marksmanship Qualification Badge with [Rifle], Grenade, and TOW Gunner Bars, and the Army Lapel Button.

	b.  Item 18 (Remarks) shows he served in Southwest Asia from 3 September 1990 to 29 March 1991.

6.  A review of the applicant's military personnel records shows he may be authorized additional awards that are not shown on his DD Form 214. 

7.  A DA Form 4980-18 (The Army Achievement Medal) certificate shows that Headquarters, 1st Battalion, 18th Infantry, Orders 230-77, dated 30 August 1991, awarded the applicant the Army Achievement Medal for exceptionally meritorious service during Operation Desert Shield.

8.  There is no evidence in the applicant's military personnel records that shows he was awarded the Kuwait Liberation Medal (Saudi Arabia) or Kuwait Liberation Medal (Kuwait).

9.  There are no orders or other evidence in the applicant's military personnel records that shows he was awarded the Army Good Conduct Medal.

	a.  There is no adverse information in the applicant's military service records.

   b.  There is no evidence that the applicant's commander denied him award of the Army Good Conduct Medal.

10.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Army 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 Army Good Conduct Medal, disqualification must be justified.  

   b.  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.

   c.  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 records should be corrected to show all of his authorized awards and decorations, including the Combat Infantryman Badge.

2.  The evidence of record shows the applicant served in Southwest Asia from
3 September 1990 to 29 March 1991.  The evidence of record also shows:

   a.  permanent orders awarded the applicant the Combat Infantryman Badge;

   b.  permanent orders awarded the applicant the Army Achievement Medal;

   c.  he qualified for award of the Kuwait Liberation Medal (Saudi Arabia); and

   d.  he qualified for award of the Kuwait Liberation Medal (Kuwait).

   e.  Therefore, it would be appropriate to correct the applicant's DD Form 214 to show these awards and decorations.
   
3.  The evidence of record also shows the applicant served a qualifying period of active duty enlisted service from 20 October 1988 to 19 October 1991 for award of the Army Good Conduct Medal.

* There is no evidence of any time lost or adverse information
* There is no evidence he was disqualified for the award by his commander
* He was promoted to SPC with 2 years and 2 months of active duty service
* He was awarded the Combat Infantryman Badge and Army Achievement Medal during the qualifying period of service under review

4.  Based on the available evidence, it would be appropriate to approve award of the Army Good Conduct Medal to the applicant and correct his records.

5.  Records show the applicant was authorized the Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar; however, item 13 does not show this component bar.  Therefore, it would be appropriate to correct his DD Form 214 to show this badge with the component bar.


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:

	a.  awarding the applicant the Army Good Conduct Medal (1st Award) for exemplary conduct, efficiency, and fidelity for the period 20 October 1988 to
19 October 1991;

   b.  deleting from item 13 of his DD Form 214 the "Marksman Marksmanship Qualification Badge"; and

   c.  adding to item 13 of his DD Form 214 the Army Achievement Medal, Army Good Conduct Medal (1st Award), Kuwait Liberation Medal (Saudi Arabia), Kuwait Liberation Medal (Kuwait), Combat Infantryman Badge, and Marksman Marksmanship Qualification Badge with Rifle (M-16) Bar.




      _______ _   _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)                                         AR20100014963



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ABCMR Record of Proceedings (cont)                                         AR20100014963



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