BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140005231 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the first and second awards of the Combat Infantryman Badge (CIB).

2.  The applicant states he served during Operation Desert Storm and he was held beyond his expiration term of service.  When the fighting was over, he was rushed back to Germany to out-process.

3.  The applicant provides no additional evidence.

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 29 June 1978.  He was awarded military occupational specialty (MOS) 11C1P (Indirect Fire Infantryman/Parachutist) upon completion of initial entry training and the basic airborne course. 

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Korea from 21 March 1984 to 20 March 1985 and in Southwest Asia (SWA) from 29 December 1990 to 13 June 1991.

4.  Permanent Orders Number 87-83, dated 9 May 1989, issued by Headquarters, 82nd Airborne Division, awarded him the Army Achievement Medal for service during the period 29 June 1987 to 25 April 1989.

5.  Permanent Orders Number 36-48, dated 5 April 1991, issued by Headquarters, 3rd Armored Division, awarded him the CIB for service during the period 24 to 28 February 1991.

6.  There is no evidence indicating he was awarded a second CIB.

7.  He was honorably discharged on 18 July 1991.  His DD Form 214 shows he was awarded or authorized the:

* Army Service Ribbon
* National Defense Service Medal
* Overseas Service Ribbon
* SWA Service Medal with two bronze service stars
* Army Good Conduct Medal (3rd Award)
* Noncommissioned Officer Development Ribbon 
* Multinational Force and Observers Medal
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 600-8-22 (Military Awards) 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.  A separate award of the CIB has been authorized for qualified Soldiers in any of the four conflicts shown below.  Subsequent awards of the CIB are not authorized for the same qualifying period.  It is recognized by one award only regardless of whether a Soldier had served one or multiple tours in any or all of these areas:

		(1) World War II (7 December 1941 to 3 September 1945);

		(2) the Korean Conflict (27 June 1950 to 27 July 1953); 

		(3) the Vietnam Conflict (which includes service in Vietnam (2 March 1961 to 28 March 1973 and qualifying service in Laos (19 April 1961 to 6 October 1962)), the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the demilitarized zone (4 January 1969 to 31 March 1994), Grenada (23 October to 23 November 1983), Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17 January to 11 April 1991); and 

		(4) the War on Terrorism (which includes Afghanistan, Operation Enduring Freedom; and Iraq, Operation Iraqi Freedom).

	b.  The Basic Parachutist Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an airborne unit or the Airborne Department of the Infantry School or have participated in at least one combat parachute jump.

	c.  The Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.

	d.  The Kuwait Liberation Medal 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 1991 and 28 February 1991.

	e.  The Kuwait Liberation Medal awarded by the Government of Kuwait (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.

	f.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991) 
* Cease-Fire Campaign (12 April 1991 to 30 November 1995)


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his DD Form 214 should be corrected to show the first and second awards of the CIB has been carefully considered.  

2.  Permanent orders show he was awarded one award of the CIB and the Army Achievement Medal.  Therefore, his DD Form 214 should be corrected to show these awards. 

3.  The evidence shows he completed the basic airborne course.  Therefore, his DD Form 214 should be corrected to show the Parachutist Badge.

4.  The evidence also shows he served in Korea for a period of 1 year.  Therefore, he is authorized the Korea Defense Service Medal and correction of his DD Form 214 to show this award.

5.  He was awarded the SWA Service Medal with two bronze service stars; however, he participated in three campaigns during his service in SWA.  Therefore, he authorized three bronze service stars for wear on his already-awarded SWA Service Medal and correction of his DD Form 214 to reflect an additional bronze service star.

6.  Based on his service in SWA from 29 December 1990 to 13 June 1991, he is authorized the KLM-SA and the KLM-K and correction of his DD Form 214 to show these awards.

7.  There is no evidence indicating he was awarded a second CIB, and it does not appear that he participated in an additional conflict that would have been eligible for a second award.  Therefore, the portion of his request that pertains to correcting his DD Form 214 to show a second CIB should be denied.

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.  deleting from his DD Form 214 the Southwest Asia Service Medal with two bronze service stars;

	b.  adding to his DD Form 214 the:

* Army Achievement Medal
* Combat Infantryman Badge
* Southwest Asia Service Medal with three bronze service stars
* Korea Defense Service Medal
* KLM-SA
* KLM-K
* Parachutist Badge

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 to correcting his DD Form 214 to show a second award of the CIB.  



      __________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)                                         AR20140005231



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ABCMR Record of Proceedings (cont)                                         AR20140005231



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