IN THE CASE OF: 

		BOARD DATE:	  19 August 2014

		DOCKET NUMBER:  AR20130021338 


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), Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K), Expert Marksmanship Qualification Badge with Rifle Bar, and the Expert Marksmanship Qualification Badge with Machine Gun Bar.

2.  He states he believes that because of the time of his discharge, his records just didn't get updated fast enough and his qualification [for marksmanship badges] may not have been updated at all.

3.  He provides a copy of his DD Form 214.

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 13 September 1989.  He completed 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 (SWA) from 15 August 1990 to 23 March 1991. 

4.  His DA Form 2-1 (Personnel Qualification Record - Part II) is not available for review.

5.  His service record also does not include orders that show he was awarded the CIB, Expert Marksmanship Qualification Badge with Rifle Bar, or Expert Marksmanship Qualification Badge with Machine Gun Bar.

6.  He was honorably released from active duty on 25 July 1991.  His DD Form 214 as corrected by a DD Form 215, dated 24 August 1992, shows he was awarded or authorized the:

* Army Service Ribbon
* Overseas Service Bar
* National Defense Service Medal
* Southwest Asia Service Medal with two bonze service stars
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Grenade Bar
* Kuwait Liberation Medal (unspecified)

7.  His DD Form 214 further shows his last duty assignment and major command as Company A, 3rd Battalion, 7th Infantry.

8.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and similar devices awarded in recognition of accomplishments.  It states:

   a.  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.  

	b.  the 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 1991 and 28 February 1991.

	c.  the 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.

	d.  the qualification badge is awarded to indicate the degree - Expert, Sharpshooter, or Marksman - in which an individual has qualified in a prescribed record course.  An appropriate bar is furnished to denote each weapon with which the individual has qualified.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded MOS 11M and he was assigned to Company A, 3rd Battalion, 7th Infantry prior to his separation on 25 July 1991.

2.  However, his service record is void of evidence and he has not provided any evidence which shows he served during active ground combat and was personally present under hostile fire during his deployment to SWA.  Therefore, there is insufficient evidence on which to base correction of his DD Form 214 to show award of the CIB.

3.  The evidence of record shows he served in SWA from 15 August 1990 to 23 March 1991.  On 24 August 1992, he was issued a DD Form 215 which amended his DD Form 214 to reflect the KLM.  However, based on his service in SWA, he is entitled to award of the KLM-SA and KLM-K.  Therefore, his DD Form 214 should be further amended to reflect award of the KLM-SA and KLM-K.

4.  His service record is void of orders and he did not provide any orders awarding him marksmanship qualification badges for qualifying Expert with the rifle or machine gun.  Therefore, there is insufficient evidence to correct his DD Form 214 to show award of the Expert Marksmanship Qualification Badge with Rifle and Machine Gun Bars.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  __x_____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 

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

	b.  adding to his DD Form 214 the KLM-SA and KLM-K.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains adding to his DD Form 214 the CIB, Expert Marksmanship Qualification Badge with Rifle Bar, or Expert Marksmanship Qualification Badge with Machine Gun Bar.



      __________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)                                         AR20130021338





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ABCMR Record of Proceedings (cont)                                         AR20130021338



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