IN THE CASE OF:
BOARD DATE: 14 July 2011
DOCKET NUMBER: AR20100029323
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 request for award of the Combat Infantryman Badge (CIB).
2. The applicant states the award was overlooked. He deployed to Southwest Asia with the 3rd Battalion, 5th Cavalry. He believes everyone in his unit was awarded the CIB. If anyone in the battalion, including the company commander or platoon leader or sergeant, was awarded the CIB, he should have been awarded the CIB, too.
3. The applicant provides:
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* letter from the Department of Veterans Affairs
* 3rd Armored Division website describing the 3rd Battalion, 5th Cavalry, with the unit personnel roster
* photographs of Soldiers
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 AR20100013565 on 28 October 2010.
2. The applicant provides a roster of personnel assigned to the 3rd Battalion, 5th Cavalry, and various photographs which were not previously reviewed by the ABCMR. They are considered new evidence and as such warrant consideration by the Board.
3. His records show he enlisted in the Regular Army on 27 June 1990. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).
4. He served in Germany with Company A, 3rd Battalion, 5th Cavalry, from 9 November 1990 to 3 November 1992. During this service, he deployed with his unit to Southwest Asia in support of Operations Desert Shield/Desert Storm from 30 December 1990 to 13 June 1991. He executed a 4-year reenlistment on 28 February 1994 and attained the rank/grade of specialist/E-4 on 27 August 1992.
5. He was discharged for misconduct on 30 March 1995 under honorable conditions. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Good Conduct Medal
* Southwest Asia Service Medal (3rd Award)
* Army Service Ribbon
* Overseas Service Ribbon (2nd Award)
* Kuwait Liberation Medal
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with grenade Bar
6. Permanent Orders 36-45, issued by Headquarters, 3rd Armored Division on 5 April 1991 awarded him the CIB for engagement in active enemy combat from 24 to 29 February 1991.
7. He submitted copies photographs of various individuals in desert conditions and an Internet article regarding the 3rd Battalion, 5th Cavalry, with the unit personnel roster.
8. A review of his records indicates his entitlement to additional awards which are not shown on his DD Form 214.
8. Army Regulation 600-8-22 (Military Awards) provides for the following awards:
a. 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 on the Southwest Asia Service Medal for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991), the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-Fire Campaign (12 April 1991 to 30 November 1995).
b. 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.
c. 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.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the CIB which is not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show this badge.
2. His service Southwest Asia during the Gulf War, 30 December 1990 to 13 June 1991 qualifies him for awards of the KLM-SA and the KLM-KU. His DD Form 214 listed the KLM and did not specify which government awarded him this award. He is entitled to correction of his DD Form 214 to show both awards.
3. He was awarded the Southwest Asia Service Medal. He also participated in three campaigns during his service in Southwest Asia. His DD Form 214 inadvertently awarded him the Southwest Asia Service Medal (3rd Award) instead of the Southwest Asia Service Medal with three bronze service stars. As a matter of clarity, he is entitled to correction of his DD Form 214 with the appropriate number of bronze service stars.
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 AR20100013565, dated 28 October 2010. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
* deleting from item 13 of his DD Form 214 the Southwest Asia Service Medal (3rd Award) and Kuwait Liberation Medal
* adding to item 24 of his DD Form 214 the:
* Combat Infantryman Badge
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal (Kuwait)
* Kuwait Liberation Medal (Saudi Arabia)
____________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) AR20100029323
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ABCMR Record of Proceedings (cont) AR20100029323
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