IN THE CASE OF:	  

		BOARD DATE:	  5 January 2012

		DOCKET NUMBER:  AR20110014518 


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 Combat Infantryman Badge (CIB) and any other medals and decorations that may have been given for Operation Desert Storm.

2.  The applicant states his CIB was not on his DD Form 214.  He was deployed to Saudi Arabia for Operation Desert Storm with his unit, Headquarters and Headquarters Company, 3rd Battalion, 7th infantry, Fort Stewart, GA.  He did not realize the mistake until he went for benefits.  He has no physical evidence.  He hopes his Army records will show his CIB. 

3.  The applicant provides no evidence.

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 enlisted in the Regular Army on 26 April 1988.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11C (Indirect Fire Infantryman).  The highest rank he attained while serving on active duty was specialist/E-4.

3.  He served in Southwest Asia in support of Operations Desert Shield/Storm from 27 August 1990 until 25 March 1991.

4.  He was honorably released from active duty on 2 January 1992.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Southwest Asia Service Medal with two bronze service stars
* Good Conduct Medal (1st Award)
* Parachutist Badge
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
*  Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Achievement Medal (1st Oak Leaf Cluster)

5.  There are no orders in the applicant’s personnel records to show that he was awarded the CIB.

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show award of the CIB.  

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge: an infantryman satisfactorily performing infantry duties; assigned to an infantry unit during such time as the unit is engaged in active ground combat; and actively participate in such ground combat.  Campaign or battle credit alone is not sufficient for award of the CIB.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary 
duty, in a unit actively engaged in ground combat with the enemy.

8.  Army Regulation 600-8-22 states:

	a.  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.

	b.   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.

9.  Army Regulation 635-5 (Separation Documents) states for an active duty soldier deployed with his or her unit during their continuous period of active service, enter “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)” in item 18 of his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in Southwest Asia during the Gulf War, from 27 August 1990 until 25 March 1991; therefore, he served a qualifying period for award of the KLM-SA and the KLM-K and he is entitled to correction of his records to show these awards.

2.  His records show that he was deployed to Southwest Asia in Saudi Arabia from 27 August 1990 until 25 March 1991.  Therefore, he is entitled to have his DD Form 214 updated to show this deployment.

3.  With respect to award of the CIB, the applicant’s record is void of permanent orders that show he was awarded the CIB.  Furthermore, there is no evidence in the available records and the applicant did not submit any substantiating evidence that shows he was personally present and under hostile fire while assigned to an infantry unit that was actively engaged in ground combat with the enemy.  In the absence of evidence that the applicant actively participated in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the CIB in this case.
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 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:

* adding to item 13 of his DD Form 214 the Kuwait Liberation Medal (Saudi Arabia) and the Kuwait Liberation Medal (Kuwait)
* adding to item 18 of his DD Form 214 the entry "SERVICE IN SOUTHWEST ASIA FROM 19900827-19910325"

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)                                         AR20110014518





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ABCMR Record of Proceedings (cont)                                         AR20110014518



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