IN THE CASE OF:
BOARD DATE: 4 October 2012
DOCKET NUMBER: AR20120006080
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 of Discharge from Active Duty).
2. The applicant states that he received the CIB but it is not recorded on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a selection list for CRUR (Center for Research of Unit Records).
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 15 March 1989. He completed his one-station unit training (OSUT) as a fighting vehicle infantryman at Fort Benning, Georgia and was transferred to Fort Stewart, Georgia on 17 July 1989 for assignment to Company B, 3rd Battalion, 7th Infantry Regiment for duty as a radio telephone operator.
3. He deployed to Southwest Asia (SWA) from 27 August 1990 to 30 March 1991. On 4 December 1991, he was reassigned to the 112th Engineer Battalion for duty as a combat construction specialist.
4. On 21 June 1991, he was honorably released from active duty (REFRAD) due to the expiration of his term of service. He had served 2 years, 3 months, and 7 days of active service and his DD Form 214 issued at the time of his REFRAD shows that he was awarded the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal, and the Army Good Conduct Medal.
5. A review of his official records shows that Permanent Orders Number 10-4 issued by Headquarters, 24th Infantry Division on 21 March 1991 awarded the applicant the CIB effective 28 February 1991.
6. Army Regulation 600-8-22 (Military Awards) states the Southwest Asia Service Medal (SWASM) is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995. A bronze service star is authorized for wear with this medal for participation in each credited campaign. Approved designated campaigns are:
* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)
7. Army Regulation 600-8-22 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.
8. Army Regulation 600-8-22 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.
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. He was awarded the CIB in duly-authenticated orders and is entitled to have that award added to his DD Form 214 at this time.
2. The applicant also served in two campaigns in SWA and is entitled to wear two bronze service stars on his already awarded SWASM.
3. Additionally, he served during qualifying periods for awards of the KLM-K and the KLM-SA and is entitled to be awarded those awards and to have them added to 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:
* Deleting the SWASM from his DD Form 214
* Adding the SWASM with two bronze service stars, the CIB, the KLM-K, and the KLM-SA 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) AR20120006080
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