IN THE CASE OF:
BOARD DATE: 21 June 2012
DOCKET NUMBER: AR20120000898
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 the Combat Infantryman Badge (CIB) and other awards not listed on his DD Form 214.
2. The applicant states the awards were omitted from his DD Form 214.
3. The applicant provides:
* his DD Form 214 for the period ending 17 January 1993
* National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service) for the period ending 22 December 1996
* NGB Form 22 for the period ending 30 July 1999
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
Counsel did not provide additional evidence or argument.
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's complete active duty service records are not available for review.
3. The applicant enlisted in the Regular Army on 18 January 1989. He completed training and he was awarded military occupational specialty (MOS) 11B (Infantryman).
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia from 25 December 1990 through 15 May 1991. The CIB is not listed in item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1.
5. There are no orders or any other documents in his official military personnel file (OMPF) that indicate he was recommended for or awarded the CIB.
6. He was honorably released from active duty (REFRAD) at the expiration of his term of service on 17 January 1993. He completed 4 years of creditable active service. The DD Form 214 he was issued at the time shows award of the:
* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Army Service Ribbon
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
7. There are no orders in his OMPF that show he was awarded any additional awards that are not already listed on his DD Form 214.
8. Upon his REFRAD he was transferred to an Army National Guard unit in California.
9. Army Regulation 600-8-22 (Military Awards) states:
a. 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.
b. 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 applicant's request for correction of his DD Form 214 to show the CIB and any other awards he is authorized has been carefully reviewed.
2. Based on his service in Southwest Asia, he is entitled to the Kuwait Liberation Medal - Kuwait. Therefore, his DD Form 214 should be corrected to show this award.
3. Evidence of record shows he was awarded an infantry MOS and he served in Southwest Asia. However, it does not sufficiently show he engaged in active ground combat and his OMPF is void of orders or any other documents that indicate he was recommended for or awarded the CIB. Therefore, there is an insufficient evidentiary basis for granting this portion of his request.
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 adding to his DD Form 214 the Kuwait Liberation Medal - Kuwait.
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 adding the Combat Infantryman Badge to 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.
ABCMR Record of Proceedings (cont) AR20120000898
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ABCMR Record of Proceedings (cont) AR20120000898
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