IN THE CASE OF:	  

		BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20110002421


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 Army Good Conduct Medal, Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), Valorous Unit Award, and Combat Infantryman Badge.

2.  The applicant states he either has orders for or is eligible for the above awards based on his service during Operation Desert Storm from December 1990 to July 1991.  He states he served with Company B, 3rd Battalion, 5th Cavalry (B/3-5CAV).

3.  The applicant provides:

* DA Form 4980-14 (Army Commendation Medal Certificate)
* US Army Human Resources Command (AHRC) Memorandum, subject:  Valorous Unit Award, dated 5 March 1996
* Task Force 3-5 CAV, VII Corps, Operation Desert Storm, dated 13 August 1991, showing he served in Southwest Asia (SWA) from 29 December 1990 to 20 July 1991
* B/3-5CAV memorandum approving award of the Army Good Conduct Medal
* information about the Kuwait Liberation Medals


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 served as a Fighting Vehicle Infantryman in military occupational specialty (MOS) 11M with B/3-5CAV from 10 October 1989 through 23 January 1992.  He served in SWA from 29 December 1990 through 5 August 1991.

3.  The applicant was honorably released from active duty on 23 January 1992.  His DD Form 214 shows he was awarded:

* Army Commendation Medal
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with 2 bronze service stars
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Dragon Gunner Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar

4.  AHRC announced that 3rd Battalion, 5th Cavalry was awarded the Valorous Unit Award for the period 3 January to 15 June 1991.

5.  The applicant's commander approved him for award of the Army Good Conduct Medal and requested the order from the servicing Personnel Service Company.  There are no orders in the applicant's records.

6.  While it is known the applicant was an infantryman assigned to B/3-5CAV during Operation Desert Storm, it is not established that he participated in active ground combat.  There are no orders in his records awarding him the Combat Infantryman Badge.
7.  Army Regulation 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments.  It provides:

	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 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 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.

	d.  There are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman assigned to B/3-5CAV and participated in the Persian Gulf War from 29 December 1990 to 5 August 1991.

2.  The applicant was approved for award of the Army Good Conduct Medal by his company commander.  In the absence of orders, that approval is accepted as proof of entitlement to the award.

3.  The applicant served in Operation Desert Storm in SWA.  He is entitled to the 
KLM-SA and the KLM-KU.  He is also entitled to have the Valorous Unit Award added to his DD Form 214.

4.  Unfortunately, there are no orders awarding the applicant the Combat Infantryman Badge.  It is not enough to have been an infantryman assigned to an infantry unit that engaged in active ground combat; the recipient must have actually participated in that combat.  His request regarding the Combat Infantryman Badge should not be approved.  The applicant should obtain a copy of the order awarding him the Combat Infantryman Badge.  He may then resubmit his request for that badge.

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:

* awarding him the Army Good Conduct Medal for the period 10 October 1989 through 23 January 1992
* adding the Army Good Conduct Medal, Valorous Unit Award, KLM-SA, and KLM-KU to his DD Form 214

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 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)                                         AR20110002421



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ABCMR Record of Proceedings (cont)                                         AR20110002421



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