BOARD DATE:	  26 November 2013

		DOCKET NUMBER:  AR20130004385 


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 (CIB).  He also requests issuance of the Kuwait Liberation Medal.  

2.  He states, “in August,” he was assigned to Headquarters and Headquarters Company (HHC), 2nd Battalion, 7th Infantry Regiment, 24th Infantry Division while deployed in support of Operation Desert Storm.  He was reassigned to Company C, 2nd Battalion, 7th Infantry Regiment, 24th Infantry Division on a Bradley Infantry Fighting Vehicle during the end of Operation Desert Shield and through Operation Desert Storm.  His unit came under mortar fire in Iraq and he was also involved in the clearing of bunkers by throwing grenades.  He also states his unit was assigned to guard the highway leading from Kuwait to Baghdad by the Euphrates River.  He loaded Tube-launched, Optically-tracked, Wire command-link guided missiles, fired at the enemy, pulled highway duty, cleared vehicles, and participated in killing the Hammurabi division of the Republican Guard.  His company commander pinned the CIB on him in Saudi Arabia.

3.  He provides his DD Form 214, DD Form 215 (Correction to DD Form 214), VXIII Airborne Corps Desert Storm Chronology, and permanent orders awarding him the CIB.  



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 30 August 1987.  He completed the required initial entry training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman).  

3.  His DD Form 214 shows he served in Southwest Asia from 27 August 1990 to 24 March 1991.  

4.  His DA Form 2-1 (Personnel Qualification Record) is not present in his personnel records.

5.  He provided Permanent Orders 9-37, dated 20 March 1991, published by Headquarters, 24th Infantry Division (Mechanized), which awarded him the CIB for performance of duties while actively engaged in ground combat.  These orders indicate he was assigned to Company C, 2nd Battalion, 7th Infantry Regiment, 24th Infantry Division (Mechanized).  

6.  He was honorably released from active duty on 13 June 1991.  His DD Form 214 does not show the CIB as an authorized award.  

7.  His DD Form 214 shows his last duty assignment as Company C, 2nd Battalion, 7th Infantry Regiment.  

8.  On 15 October 1992, he was issued a DD Form 215 which added the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal to his DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB.  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.  The CIB is authorized for award for the Southwest Asia Conflict (17 January to 11 April 1991).

10.  Army Regulation 600-8-22 prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The KLM 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.  The KLM awarded by the Government of Kuwait (KLM-KU) 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 records show he was awarded MOS 11M and served as an infantryman in Southwest Asia.

2.  Permanent Orders 9-37 published on 20 March 1991 confirm he was awarded the CIB for the performance of his duties while actively engaged in ground combat.  Therefore, the CIB should be added to his DD Form 214.  

3.  The evidence of record shows he served in the Southwest Asia from 27 August 1990 to 24 March 1991.  Therefore, he served a period of qualifying service for award of the KLM-SA and the KLM-KU.

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:

	a.  deleting the Kuwait Liberation Medal from his DD Form 214; and

	b.  amending his DD Form 214 to add the CIB, KLM-SA, and KLM-KU.



      _______ _  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)                                         AR20130004385



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20130004385



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1