IN THE CASE OF:  

		BOARD DATE:   13 August 2013

		DOCKET NUMBER:  AR20130000777 


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  and the Valorous Unit Award.

2.  The applicant states that:

	a.  He served during Operation Desert Shield/Desert Storm as an infantryman and crossed over the border into Iraq with 2d Battalion, 70th Armor on 
24 February 1991.  

	b.  He performed duties as an infantryman with Task Force 2-70 and participated in the assault on Al Busayyah and helped destroy a brigade of the Medinah Republican Guard.  During the operation he engaged targets and was exposed to enemy fire.

	c.  In April 1991, he was evacuated to Frankfurt, Germany, and then to Walter Reed Army Medical Center, and began the process of being medically discharged.  

	d.  Due to an administrative error the Combat Infantryman Badge was left off of his DD Form 214.  Additionally, he recently found out that his unit was awarded the Valorous Unit Award.

3.  The applicant provides a copy of an Army Commendation Medal Certificate.

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 10 November 1988.  He was awarded military occupational specialty (MOS) 11C (Indirect Fire 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 
30 December 1990 through 4 May 1991; and

	b.  item 9 (Awards, Decorations and Campaigns) he was authorized the Parachutist Badge, Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, and the Overseas Service Ribbon. 

4.  On 17 January 1992, he was honorably discharge due to a physical disability, with severance pay in the rank of specialist/E-4.  He had completed 3 years,
2 months, and 8 days of net active duty service.  His DD Form 214 and DD Form 215 (Correction to DD Form 214) show in:

	a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal

	b.  item 18 (Remarks) served in Southwest Asia from 30 December 1990-
4 May 1991.
5.  He provided a copy of an Army Commendation Medal Certificate.  The certificate shows he received this award for meritorious achievement while assigned to the 2d Battalion, 70th Armor, from 17 January to 28 February 1991.   The certificate reads, in part,  "He also played a key role in the Iron Brigade's overwhelming success in the allied campaign against the Iraqi Armed Forces, including the Brigade's reduction of Al Busayyah on 26 February and the destruction of the "B" Brigade of the Medinah Republican Guards Division on 
27 February."  

6.  The applicant's record contains copies of:

	a.  Permanent Orders 10-254, Headquarters, 1st Armored Division, dated 
2 April 1991, showing he was awarded the Combat Infantryman Badge for participation in active ground combat from 17 January to 2 March 1991.

	b.  Permanent Orders 104-50, Headquarters, 2d Brigade, 1st Armor Division, dated 14 April 1991, showing he was awarded the Army Commendation Medal for meritorious achievement from 17 January to 2 March 1991.

7.  The Army Human Resources Unit Awards listing shows the 2d Battalion, 70th Armor, was awarded the Valorous Unit Award for the period 26 to 28 February 1991, by Department of the Army General Orders Number 12, dated 13 May 1994.

8.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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 and 28 February 1991.

	b.  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.  Permanent orders show the applicant was awarded the Army Commendation Medal and the Combat Infantryman Badge.  



2.  His unit was awarded the Valorous Unit Award. 

3.  He served during periods for award of the Kuwait Liberation Medal-Saudi Arabia, and the Kuwait Liberation Medal-Kuwait.  

4.  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 his DD Form 214 the Kuwait Liberation Medal; and 

	b.  adding to his DD Form 214 the:

* Army Commendation Medal
* Combat Infantryman Badge
* Valorous Unit Award
* 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)                                         AR20130000777



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