IN THE CASE OF:
BOARD DATE: 21 September 2011
DOCKET NUMBER: AR20110005877
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 that his award of the Combat Infantryman Badge (CIB) be added to his DD Form 214 (Certificate of Release or discharge from Active Duty).
2. The applicant states that he was awarded the CIB while serving in Operation Desert Storm and it was not entered on his DD Form 214.
3. The applicant provides a copy of orders awarding him the CIB and a copy of his DD Form 214.
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 applicants 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 applicants 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 in the Regular Army on 16 August 1989 for a period of 4 years, training as an infantryman and a cash enlistment bonus of $8,000. He completed his one-station unit training (OSUT) as a fighting vehicle infantryman at Fort Benning, Georgia and was transferred to Germany for assignment to an infantry company in the 2d Armored Division.
3. He deployed to Southwest Asia (SWA) from 13 February to 14 May 1991 in support of Operation Desert Shield/Storm. Permanent Orders Number 18-27 issued by Headquarters, 1st Infantry Division in April 1991 awarded the applicant the CIB for the period of 24 February to 28 February 1991.
4. He departed Germany on 20 February 1992 and was transferred to Fort Carson, Colorado where he remained until he was honorably released from active duty (REFRAD) on 15 August 1993 due to the expiration of his term of service (ETS). He had served 4 years of total active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Achievement Medal, the Army Service Ribbon, the Kuwait Liberation Medal, the National Defense Service Medal, the Overseas Service Ribbon, the Southwest Asia Service Medal with three bronze service stars, the Expert Infantryman Badge, and his marksmanship badges.
5. Permanent Orders Number 134-1621 issued by Headquarters, 4th Infantry Division, Fort Carson, Colorado on 14 May 1993 awarded the applicant the Army Good Conduct Medal (First Award) for the period of 16 August 1989 to 15 August 1992.
6. Army Regulation 600-8-22 (Military Awards) 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 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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 635-5 serves as the authority for the preparation of the
DD Form 214. It provides, in pertinent part, that only the last unit of assignment will be entered on the DD Form 214. There are no provisions for entering multiple units of assignment on the DD Form 214. However, it does provides that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made in item 18 (Remarks): "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his award of the CIB should be added to his DD Form 214 has been noted and found to have merit. The applicant was awarded the CIB and is entitled to have it added to his DD Form 214 at this time.
2. The applicant was also awarded the AGCM and therefore is also entitled to have that award added to his DD Form 214 at this time as well.
3. Additionally, while the applicant has already been awarded the first Kuwait Liberation Medal (KLM-SA), he was not awarded the second Kuwait Liberation Medal (KLM-K) nor is it reflected on his DD Form 214. Accordingly, it should be awarded at this time and added to his DD Form 214.
4. The applicant served in SWA from 19910213 19910514 and is entitled to have that information reflected on his DD Form 214.
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:
* Adding his awards of the CIB and AGCM to his DD Form 214
* Deleting his award of the Kuwait Liberation Medal from his DD Form 214
* Adding the award of the KLM-SA to his DD Form 214
* Awarding him the KLM-K and adding it to his DD Form 214
* Adding the entry Service in SWA from 19910213 19910514 to block 18 (Remarks) of his DD Form 214
_______ _ 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.
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