IN THE CASE OF:
BOARD DATE: 4 June 2014
DOCKET NUMBER: AR20130017315
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 award of the Combat Infantryman Badge. As a separate issue, he requests correction of his DD Form 214 to show award of the Army Commendation Medal.
2. The applicant states he served in combat before, during, and after Operation Desert Storm. He further states he was awarded the Combat Infantryman Badge, but he cannot locate the orders. He just feels that someone isn't looking hard enough to locate the missing orders. He doesn't think it would be fair for him to end up in a grave someday without an award he risked his life for.
3. The applicant provides:
* self-authored statement
* Permanent Orders 36-66
* Permanent Orders 11-120
* two memoranda
* two photographs
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DD Form 215 (Correction to DD Form 214)
* 12 pages of Internet research
* Department of Veterans Affairs letter
* 26 pages of Progress Notes
* eight pages of his Army Master Military Pay Account
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 AR20120004292 on 18 September 2012.
2. The applicant provides orders from Soldiers in his unit, a memorandum, photographs, unit history information from the Internet, and other assorted correspondence which was not previously reviewed by the ABCMR. Therefore, it is considered new evidence and warrants consideration by the Board.
3. The applicant enlisted in the Regular Army on 17 August 1988. He completed training and he was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).
4. Headquarters, 1st Brigade, 3d Armored Division, Permanent Orders 05-04, dated 13 March 1991, awarded him the Army Commendation Medal for meritorious service from 24 February to 4 March 1991 while serving as a member of Company D, 3d Battalion, 5th Cavalry Regiment.
5. On 27 June 1992, he was honorably released from active duty. His DD Form 214 shows he was awarded or authorized the:
* Army Achievement Medal
* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
6. On 18 September 2012, the ABCMR directed correction of the applicant's DD Form 214 by adding the following information:
* award of the
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia
* Service in Southwest Asia from 1 January to 16 March 1991
7. The applicant provided:
a. a memorandum from the Adjutant, 3d Battalion, 5th Cavalry Regiment, dated 13 March 1991, stating the following Soldiers, including the applicant, were authorized to wear the Combat Infantryman Badge and directing a permanent entry on their DA Forms 2-1 (Personnel Qualification Record Part II); and
b. Headquarters, 3d Armored Division (Spearhead), Permanent
Orders 36-66, dated 5 April 1991, showing other Soldiers in his unit were awarded the Combat Infantryman Badge.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded him the Army Commendation Medal for meritorious service from 24 February to 4 March 1991 while serving as a member of Company D, 3d Battalion, 5th Cavalry Regiment. Therefore, he is entitled to correction of his DD Form 214 to show this award.
2. The Adjutant, 3d Battalion, 5th Cavalry Regiment, verified the applicant was authorized award of the Combat Infantryman Badge and the applicant provided permanent orders awarding the badge to other members of his unit. Although the applicant was unable to provide a copy of his orders, the evidence provided by the applicant is compelling and deemed sufficient to support the applicant's contention that he was awarded the Combat Infantryman Badge.
3. In light of the foregoing, the applicant is entitled to the requested relief.
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 AR20120004292, dated 18 September 2012. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding award of the Army Commendation Medal 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) AR20130017315
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ABCMR Record of Proceedings (cont) AR20130017315
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