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ARMY | BCMR | CY2013 | 20130012613
Original file (20130012613.txt) Auto-classification: Denied

		IN THE CASE OF: 

		BOARD DATE:	    18 March 2014

		DOCKET NUMBER:  AR20130012613 


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 the Expert Infantryman Badge (EIB) and Kuwait Liberation Medal (KLM).

2.  The applicant states in a handwritten note on an internet printout of the KLM criteria that the 5th Battalion, 21st Infantry Regiment, 7th Infantry Division, had orders and was staged at a holding base in the Mojave Desert in preparation to be deployed for approximately 3 weeks. 

3.  The applicant provides an EIB Certificate and internet printout of the KLM criteria.

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.  On 18 September 1990, the applicant enlisted in the Regular Army.  He completed training and was awarded military occupational specialty 11B (Infantryman).

3.  A review of his Army Military Human Resource Record (AMHRR), formerly known as the Official Military Personnel File, failed to reveal orders for the EIB.  Additionally, there is no indication that he successfully completed the EIB proficiency test.

4.  On 12 October 1993, he was honorably released from active duty.  He completed 3 years and 25 days of creditable active service.  His DD Form 214 does not show:

* deployment in support of Operation Desert Shield/Storm
* EIB
* KLM

5.  The Defense Manpower Data Center compiled the Operation Desert Shield/Storm Data Base.  The primary Operation Desert Shield/Storm file contains one record for each active duty member who participated in theater between 2 August 1990 and 31 July 1991.  A phase II file lists active duty personnel who served in theater between 1 August 1991 and 31 December 1993.  There are also separate files covering calendar years 1994 and 1995.  The applicant's name is not contained in this data base.

6.  He provides an undated Certificate of Recognition for the EIB listing his name.  He also provides an internet printout of the KLM criteria as they were listed in an American Forces Press Service article dated 3 October 1996.  In the article, he has highlighted the criterion "had orders assigning or attaching troops to units deployed to Desert Shield or Desert Storm for one or more days."  

7.  Army Regulation 600-8-22 (Military Awards) states award of the EIB requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the EIB, a Soldier must be in an active status and must have an infantry or Special Forces specialty.  Award of the EIB is announced in orders.

   a.  The KLM 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 1991 and 28 February 1991 in one or more of the following areas:  Persian Gulf; Red Sea; Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Oman, Bahrain, Qatar, and the United Arab Emirates.  The eligibility period and geographic boundaries were specified by the Government of Saudi Arabia and may not be waived.
   
   b.  The KLM 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 participated in the Persian Gulf War between 2 August 1990 and 31 August 1993 in one or more of the following areas:  the Arabian Gulf; the Red Sea; the Gulf of Oman; that portion of the Arabian Sea that lies north of 10 degrees north latitude and west of 68 degrees east longitude; the Gulf of Aden; or the total land areas of Iraq, Kuwait, Saudi Arabia, Omar, Bahrain, Qatar, and the United Arab Emirates.  The eligibility period and geographic boundaries were specified by the Government of Kuwait and may not be waived.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not submitted and his records do not contain orders awarding him the EIB.  There is no evidence that the applicant completed the qualification requirements for award of the EIB.  Therefore, in the absence of orders there appears to be no basis to add this badge to his DD Form 214 at this time.

2.  There is no evidence he served in Southwest Asia in support of Operation Desert Shield/Storm during an eligibility period and geographic area authorized for award of the KLM.  In fact, he provides a handwritten note essentially stating he did not depart from the Mojave Desert.  Notwithstanding the criterion he highlighted in the article he provided, one must have actually served in one of the specified overseas geographic areas to be eligible for the KLM.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__X____  ___X____  ___X____  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.




      ___________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)                                         AR20130012613



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ABCMR Record of Proceedings (cont)                                         AR20130012613



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