IN THE CASE OF:	  

		BOARD DATE:	  21 April 2011

		DOCKET NUMBER:  AR20100025788 


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) by adding the Combat Infantryman Badge, three Army Achievement Medals, his combat lifesaver qualification [properly shown as completion of the Combat Lifesaver Course], and the names of the Operations Desert Shield/Desert Storm campaigns.

2.  The applicant states he earned the Combat Infantryman Badge with his unit during Operations Desert Shield/Desert Storm.  At one point a corrected DD Form 214 was given to him, but may not have been updated with the records department in St. Louis.  He misplaced it over the years and each time he tried to get an updated copy, he was sent the outdated copy.  In addition, his Army Achievement Medals documentation as well as his combat lifesaver qualification documentation has been omitted.  A check of his unit's battle rosters and training records will show this.

3.  The applicant provides a statement of support from a retired Army chaplain.

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 he enlisted in the Regular Army on 1 June 1989 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  He was honorably released from active duty on 31 May 1991 in the rank/grade of private first class (PFC)/E-3 and he was transferred to the Florida Army National Guard.  He completed 2 years of creditable active service with no lost time.

3.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the Army Service Ribbon, National Defense Service Medal, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Sharpshooter Qualification Badge with Hand Grenade Bar, Southwest Asia Service Medal, and Army Lapel Button.

4.  The Gulf War Deployment Roster is a record of Soldiers who participated in Operations Desert Shield/Desert Storm and served in Southwest Asia in support of military operations during the period 2 August 1990 through December 1995.  This roster shows the applicant served in Southwest Asia from 1 October 1990 to 24 March 1991 while assigned to Company D, 3rd Battalion, 7th Infantry, 24th Infantry Division.

5.  Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record – Part II) does now show the Combat Infantryman Badge or the Army Achievement Medal.

6.  Item 17 (Civilian Education and Military Schools) of his DA Form 2-1 does not show completion of the Combat Lifesaver Course.

7.  There are no orders in his records that show he was awarded the Combat Infantryman Badge.

8.  There are no orders in his records that show he was awarded one or more Army Achievement Medals.

9.  The applicant provides a statement from a retired Army chaplain who deployed to Southwest Asia with Headquarters, 24th Infantry Division.  The officer states, in part, he saw the applicant once in the desert during the period before the ground assault into Iraq.  As part of the Division (Main) command post he was aware of the movements of Company D, 3rd Battalion, 7th Infantry, during the 100 hours of combat following the penetration of the Iraqi border defenses.  The applicant's company and battalion were often in the forefront of combat operations.  The applicant was involved in continuous combat operations and received the coveted Combat Infantryman Badge along with his mates.

10.  Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal 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:

* 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)

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

12.  Army Regulation 600-8-22 states the Army Achievement Medal is awarded to any member of the Armed Forces of the United States, who while serving in a noncombat area on or after 1 August 1981, distinguished himself or herself by meritorious service or achievement.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

13.  Army Regulation 600-8-22 states 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.

14.  Army Regulation 600-8-22 states 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.

15.  Army Regulation 600-8-22 states 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 evidence of record shows the applicant served in Southwest Asia from 1 October 1990 to 24 March 1991 and he participated in two campaigns.  Therefore, he is entitled to two bronze service stars to be worn with his already-awarded Southwest Asia Service Medal.  He is also entitled to the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait and correction of his DD Form 214 to show these awards.  However, names of campaigns are not authorized entries on the DD Form 214.

2.  The evidence of record shows he served honorably from 1 June 1989 through 31 May 1991.  He served in Southwest Asia and attained the rank/grade of PFC/E-3.  His record is void of any derogatory information that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, it would be appropriate to award him the Army Good Conduct Medal (1st Award) based on completion of a qualifying period of Federal military service and to correct his records to show this award.

3.  The applicant's infantry MOS and his assignment to an infantry unit during his service in Saudi Arabia are not in question.  However, his records do not contain permanent orders awarding him the Combat Infantryman Badge.  Additionally, there is no evidence in the available records and he did not submit any evidence that conclusively shows he was personally present and under hostile fire while his unit was actively engaged in ground combat with the enemy.  Notwithstanding his sincerity regarding his entitlement to this badge, in the absence of evidence that he actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

4.  There is no evidence in the available records that shows he was awarded one or more Army Achievement Medals.  The governing Army regulation states that for personal decorations, including the Army Achievement Medal, formal recommendations, approval through the chain of command, and announcement in orders are required.  Regrettably, in the absence of orders, there is insufficient evidence to correct his records to show one or more Army Achievement Medals.

5.  There is no evidence in the available records that shows he completed the Combat Lifesaver Course.  Therefore, there is insufficient evidence to correct his records to reflect the Combat Lifesaver Course.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 (1st Award) for exemplary behavior, efficiency, and fidelity during the period 1 June 1989 through 31 May 1991;

	b.  deleting from item 13 of his DD Form 214 the Southwest Asia Service Medal; and

	c.  adding to item 13 of his DD Form 214 the Army Good Conduct Medal (1st Award), Southwest Asia Service Medal with two bronze service stars, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait.

2.  The Board further determined 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 the Combat Infantryman Badge, three Army Achievement Medals, the Combat Lifesaver Course, and the names of the campaigns.


      __________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)                                         AR20100025788



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ABCMR Record of Proceedings (cont)                                         AR20100025788



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