BOARD DATE:	  25 October 2012

		DOCKET NUMBER:  AR20120006904 


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 earlier request for correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the:

* Combat Infantryman Badge
* two Army Achievement Medals

2.  The applicant states:

* he served in Southwest Asia during Operations Desert Shield/Desert Storm
* he held and served in an infantry specialty while assigned to an infantry unit
* he was personally present and under hostile fire while his unit was actively engaged in ground combat
* he was separated before the orders were issued for the Combat Infantryman Badge
* he has orders and certificates confirming two awards of the Army Achievement Medal

3.  The applicant provides:

* letter from his former company commander
* 
DA Forms 638 (Recommendation for Award) and accompanying certificates
* legal name change court order

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 AR20100025788 on 21 April 2011.

2.  As new evidence, the applicant provides two DA Forms 638, a letter of support from his former company commander, as well as a new argument.  This is new evidence and such warrants consideration by the Board.

3.  The applicant enlisted in the Regular Army on 1 June 1989 and he held military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).

4.  He served in Southwest Asia from 24 August 1990 to 25 March 1991.  He was assigned to Company D, 3rd Battalion, 7th Infantry, 24th Infantry Division.

5.  He was honorably released from active duty on 31 May 1991.  His DD Form 214, as amended by a DD Form 215 (Correction to DD Form 214), shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Southwest Asia Service Medal with two bronze service stars
* Army Lapel Button
* Army Good Conduct Medal
* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Kuwait)

6.  He provides:

	a.  a DA Form 638, dated 7 July 1991, and accompanying certificate showing he was awarded the Army Achievement Medal for achievement from 15 January 1990 to 15 May 1991 by Permanent Order Number 11-27-36 issued by Headquarters, 3rd Battalion, 7th Infantry, Fort Stewart, GA, on 19 November 1991;

	b.  a DA Form 638, dated 1 May 1991, and accompanying certificate showing he was awarded the Army Achievement Medal for service from March 1989 to May 1991 by Permanent Order Number 11-27-35 issued by Headquarters, 3rd Battalion, 7th Infantry, Fort Stewart, GA, also on 19 November 1991;

	c.  a memorandum authored by a retired lieutenant colonel, dated 26 March 2012, who states he was the applicant's immediate commander during Operation Desert Storm.  He states he was an eyewitness and can substantiate that the applicant was personally present and under hostile fire while his unit was actively engaged in ground combat with an enemy force in 1991.  Specifically, he took part in the 24th Infantry Division's drive to the Euphrates River Valley, destruction of the Republican Guard Forces Command units southeast of An Nasiriyah, subsequent engagement against Iraqi forces along Highway 8 between An Nasiriyah to approximately 30 kilometers west of Basra, and further combat operations against Iraqi forces near the Al Rumaylah north oil fields; and

	d.  a court order authorizing him a name change.

9.  Army Regulation 600-8-22 (Military Awards) states the Combat Infantryman Badge is authorized for award for several qualifying wars, conflicts, and operations, including Operation Desert Storm.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have 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.

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant two Army Achievement Medals, neither of which is shown on his DD Form 214.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

2.  The applicant held an infantry specialty and he was assigned to an infantry unit during his service in Southwest Asia.  He provides a statement by his former company commander who describes several instances during which the applicant was personally present while his infantry unit engaged the enemy.  It appears he met the criteria for award of the Combat Infantryman Badge.  Therefore, he should be awarded the Combat Infantryman Badge and it should be 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 the evidence presented is sufficient to warrant amendment of the ABCMR's decision in Docket Number AR20100025788, dated 21 April 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

* awarding him the Combat Infantryman Badge for the period January – February 1991
* adding the Army Achievement Medal (2nd Award) and 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)                                         AR20120006904



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ABCMR Record of Proceedings (cont)                                         AR20120006904



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