IN THE CASE OF:

		BOARD DATE:  20 March 2012

		DOCKET NUMBER:  AR20110018378 


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).

2.  The applicant states he was awarded the CIB during the Persian Gulf War.  He is claiming service-connection for PTSD and the counselor noticed the award was not on his DD Form 214.  He has the badge at home and requests the award be listed on his DD Form 214.

3.  The applicant provides a copy of this 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 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 25 November 1988.  He was awarded military occupational specialty (MOS) 11M (Mechanized Infantryman).

3.  His DA Form 2-1 (Personnel Qualification Record – Part II) shows in:

	a.  item 5 (Oversea Service) he performed duty in Saudi Arabia from 
8 January through 9 May 1991;

	b.  item 9 (Awards, Decorations and Campaigns) no entry for the CIB; and 
   
	c.  item 35 (Record of Assignments) he was assigned to Company B,
1st Battalion, 41st Infantry from 29 March 1989 through 20 May 1992.  His Duty MOS was 11M.

4.  A DA Form 638 (Recommendation for Award), dated 26 November 1991 recommended him for award of the Army Commendation Medal (ARCOM) .  It states in item 16 (Achievement #2) "He reacted in an extremely professional manner while under fire, immediately providing security for the Bravo Company mass casualty evacuation following the night attack of Norfolk on 27 February 1991."  His unit was Company B, 1st Battalion, 41st Infantry and he was performing duty in his MOS 11M as an Assistant Bradley Gunner.  The ARCOM award was for the period 8 November 1990 to 5 May 1991.

5.  On 21 May 1992, he was released from active duty as a specialist four (SP4)/E-4.  He completed 3 years, 5 months, and 27 days of net active service this period.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* ARCOM
* Army Achievement Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with three bronze service stars
* Expert Marksmanship Qualification with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* German Marksmanship Badge in Silver
* Kuwait Liberation Medal

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military 


decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  There are basically three requirements 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.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of 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.

	c.  the Kuwait Liberation Medal awarded by the Government of 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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence clearly shows the applicant was awarded an infantryman MOS; he was assigned to an infantry unit of brigade, regimental, or smaller size; and he was present and participated with an infantry unit when the unit engaged hostile forces.  Therefore, his DD Form 214 should be corrected to show his award of the CIB

2.  The evidence of record further shows he served a qualifying period for entitlement to the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Therefore, his DD Form 214 should be corrected to show these awards.

BOARD VOTE:

___X____  ___X ___  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

	a.  deleting from item 13 of his DD Form 214 the Kuwait Liberation Medal, and

	b.  adding to item 13 of his DD Form 214 the:

* Combat Infantryman Badge
* Kuwait Liberation Medal – Saudi Arabia
* Kuwait Liberation Medal – Kuwait



      _______ _   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)                                         AR20100021246



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ABCMR Record of Proceedings (cont)                                         AR20110018378



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