IN THE CASE OF:
BOARD DATE: 15 October 2013
DOCKET NUMBER: AR20130004046
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 or Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge (CIB).
2. He states:
* the CIB is not annotated on his DD Form 214; however, he earned the award
* he received orders stating he was awarded the CIB on 12 March 1991
3. He provides his DD Form 214 and orders.
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's record shows that he enlisted in the Regular Army on 31 May 1989. He completed basic combat and advanced individual training and he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).
3. He submitted and his record contains Permanent Orders Number 12-66, issued by Headquarters, 3d Armored Division, Operation Desert Storm, dated
12 March 1991, which show he was awarded the CIB due to engagement in active ground combat from 24 February to 28 February 1991.
4. On 30 May 1993, he was honorably released after completing 4 years of active military service. His DD Form 214 shows award of the Kuwait Liberation Medal.
5. Army Regulation 600-8-22 (Military Awards) provides that the KLM-SA 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 and 28 February 1991. This regulation also provides that the Kuwait Liberation Medal-Kuwait (KLM-KU) 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 were deployed to South West Asia (SWA) and 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 CIB due to being engaged in active ground combat. Therefore, he is entitled to have his DD Form 214 corrected to show award of the CIB.
2. The evidence of record confirms the applicant was deployed to SWA during a qualifying period for award of both the KLM-SA and the KLM-KU. Therefore, his record should be corrected to show these foreign awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X___ ____X___ ___X__ _ 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 the applicant's DD Form 214 be corrected by:
a. deleting the entry "KUWAIT LIBERATION MEDAL" from item 13; and
b. adding the following entry to item 13: "COMBAT INFANTYMAN 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) AR20130004046
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