BOARD DATE:	  25 October 2011

		DOCKET NUMBER:  AR20110008101 


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 previously denied request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB).  He also request correction of his record to show award of the Army Commendation Medal (ARCOM). 

2.  He states, in effect, that he held an infantry MOS and served in active ground combat while assigned to an infantry unit of brigade, regimental or smaller size while deployed in support of Operation Desert Shield/Storm during the Persian Gulf War.  As a result, he and every other infantryman in his unit were awarded the CIB.  He also states that upon completion of his active duty service he was awarded the ARCOM and the DA Form 638-1 (Recommendation for Award) documenting this award also shows he had been previously awarded the CIB.  He further states that in spite of receiving both the CIB and the ARCOM, neither of them is annotated on his DD Form 214 and attributes this fact to administrative error.  He acknowledges that he has no orders showing his award of the CIB, attests that the Army Board for Correction of Military Records (ABCMR) has previously granted approval in a similar case based upon the requested award being annotated on a DA Form 638 as a previous award.

3.  He provides:

* A self-authored statement
* His DD Form 214
* A DA Form 638
* An extract from another applicant's ABCMR Record of Proceedings (ABCMR Docket Number AR20090012816, dated 21 January 2010)
* Permanent Orders 093-458 issued by Headquarters, 1st Cavalry Division (Forward) on 3 April 1991

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 AR20080014932 on 2 December 2008 and reconsidered in ABCMR Docket Number AR20090020476 on 27 May 2010.

2.  The applicant’s military records are not available to the Board and this case is being considered using the DD Form 214 provided by the applicant and a reconstructed National Personnel Records Center (NPRC) file.  

3.  The applicant's DD Form 214 shows he enlisted in the Regular Army and entered active duty on 6 April 1989.  He served continuously until he was released from active duty with an honorable characterization of service on 15 May 1992 and transferred to U.S. Army Reserve Control Group (Reinforcement).  This form also contains the following pertinent information:

	a.  Item 8a (Last Duty Assignment and Major Command) shows he was assigned to Company C, 1st Battalion, 32d Armored Regiment.

	b.  Item 11 (Primary Specialty) shows he held and was serving in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman) at the time of his REFRAD and had done so for the past 2 years and 10 months.   

	c.  Item 12f (Foreign Service) shows he served overseas for a total of 6 months and 11 days.

	d.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded of authorized to wear the: 

* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Army Lapel Button
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal

	e.  Item 18 (Remarks) shows he served in Southwest Asia from 7 October 1990 to 17 April 1991.

4.  There are no orders or other documents in the applicant’s NPRC file that show he was ever recommended for or awarded the ARCOM or the CIB by proper authority while serving on active duty.

5.  He provides a DA Form 638, initiated by his platoon leader on 17 April 1992, which shows he was awarded the ARCOM upon the expiration of his term of service for the period of August 1989 to May 1992.  This form also contains the following pertinent information:

	a.  Item 11 (Duty Position/Title) shows he served as a Squad Automatic Weapon (SAW) gunner and driver.

	b.  Item 12 (Organization) shows he was assigned to Company C, 1st Battalion, 32d Armored Regiment.

	c.  Item 13 (Previous Awards) shows that during the last 2 years he was awarded or authorized:

* Army Achievement Medal
* National Defense Service Medal
* Southwest Asia Service Medal with 3 bronze service stars
* Kuwait Liberation Medal
* CIB
* Two "Bandit" Certificates

	d.  Item 23 (ARCOM Approval Authority) shows the ARCOM was approved by the appropriate authority.

	e.  Part D (Orders Data) shows , the applicant was awarded the ARCOM by 2nd Brigade, 1st Cavalry Division, Permanent Order Number 86-08, dated 4 May 1992.

6.  He provides extract from another applicant's ABCMR Record of Proceedings which shows, in part, a previous Board considered an award certificate for the ARCOM which was further corroborated by a the ARCOM being annotated as a previous award on a DA Form 638-1 as sufficient evidence on which to base amending the other applicant's DD Form 214 to show award of the ARCOM.

7.  He provides Permanent Orders 093-458 issued by Headquarters, 1st Cavalry Division (Forward) on 3 April 1991 which awarded the CIB to ten members of his unit for actions on 20 February 1991.

8.  An internet review of the history of the applicant's unit revealed the following information:

	a.  Task Force 1-32 Armor was nicknamed "The Bandits."

	b.  Task Force 1-32 Armor was a combined arms maneuver battalion permanently task-organized with a mechanized infantry company (Company C) replacing one tank company.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 8 of the award regulations contains guidance on award of combat badges.  It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel 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.

10.  Army Regulation 600-8-22 (Military Awards), in pertinent part, provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-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.  This 
regulation also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-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.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that all decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service will be entered in item 13.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders show he was awarded the ARCOM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

2.  The available evidence shows he served on active duty during a designated period of time and place to qualify for award of both the Kuwait Liberation Medal-Saudi Arabia and the Kuwait Liberation Medal-Kuwait.  Therefore, he is entitled to award of these medals and to have his DD Form 214 corrected to show these medals.

3.  Although the applicant's record is void of any orders and he has not provided any orders showing he was awarded the CIB his claim of entitlement to the CIB and the supporting evidence he submitted were carefully considered.  Evidence shows:

	a.  He held an infantry MOS while assigned to an infantry unit of brigade, regimental or smaller size while in a deployed theater during an armed conflict.

	b.  Members of his unit were awarded the CIB for actions during his deployment.

	c.  His DA Form 638 for award of the ARCOM shows the CIB as one of his previous awards.  At a minimum, this form was initiated by his platoon leader, routed through his company, battalion, and brigade level commanders and reviewed by the brigade-level adjutant.

4.  In view of the foregoing, it is not unreasonable to presume the applicant was awarded the CIB by proper authority and administrative error resulted in it being omitted from his DD Form 214.  In the interest of equity, it would be appropriate to correct his DD Form 214 to show award of the CIB.

BOARD VOTE:

___x___  ___x_____  ___x_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

In regard to his request for reconsideration, the Board determined that the evidence presented was sufficient to warrant amendment of the ABCMR’s decision in Docket Number AR20080014932, dated 2 December 2008.  Additionally, the Board determined that the evidence presented in support of his new request was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that the applicant's record be corrected by adding the ARCOM, Combat Infantryman Badge, Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait to item 13 of his DD Form 13.



      _______ _  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)                                         AR20110008101



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ABCMR Record of Proceedings (cont)                                         AR20110008101



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