IN THE CASE OF:	  

		BOARD DATE:	  11 June 2015

		DOCKET NUMBER:  AR20140018530 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 22 July 1991:

* Southwest Asia Service Medal
* Combat Infantryman Badge

2.  The applicant states he was discharged before these awards were authorized for his unit.

3.  The applicant provides 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.  On 26 June 1989, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty 11M (Fighting Vehicle Infantryman).

3.  On 3 November 1989, he was assigned to Company C, 1st Battalion, 5th Infantry Regiment.

4.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he was on temporary duty in Saudia Arabia from 9 October 1990 to 16 April 1991.  He participated in three campaigns.

5.  The Defense Manpower Data Center (DMDC) compiled an Operation Desert Shield/Desert Storm Data Base that contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991 and one record for each Reserve and National Guard member or retiree who was activated or federalized in response to Operation Desert Shield/Desert Storm.  For Reserve and National Guard members the file includes those persons activated or federalized from 2 August 1990 through 31 December 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.

6.  The DMDC Operation Desert Shield/Desert Storm Data Base shows the applicant participated in-theater during the period from 1 October 1990 to 15 April 1991.

7.  On 22 July 1991, he was released from active duty.  Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 9 October 1990 to 16 April 1991.  His DD Form 214 shows he was awarded the:

* Army Good Conduct Medal
* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Southwest Asia Service Medal is awarded to members of the Armed Forces of the United States serving in Southwest Asia and contiguous waters or airspace there over, on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.

	b.  The Combat Infantryman Badge is awarded to infantry officers and to enlisted Soldiers and warrant officers who have an infantry or special forces specialty and satisfactorily performed duty as an infantryman while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat to close with and destroy the enemy with direct fire.  A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty in a unit actively engaged in ground combat to close with and destroy the enemy with direct fire.

	c.  The Kuwait Liberation Medal - Saudi Arabia 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.

	d.  The Kuwait Liberation Medal - Government of Kuwait 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.

	e.  The award of a bronze service star is authorized based on qualifying service for each campaign listed in Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers).  Authorized service stars will be worn on the appropriate campaign medal, including the Southwest Asia Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry MOS and was assigned to an infantry company while the unit was in theater during Operation Desert Shield/Desert Storm.  However, there is no evidence and the applicant has provided no evidence showing he was personally present and under hostile fire while the unit was actively engaged in ground combat.   Therefore, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

2.  Based on his service in Saudi Arabia the applicant is authorized the following awards:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

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 amending his DD Form 214 with a separation date of 22 July 1991 by adding the:

* Southwest Asia Service Medal with three bronze service stars
* Kuwait Liberation Medal - Saudi Arabia
* Kuwait Liberation Medal - Government of Kuwait

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 the Combat Infantryman Badge.  




      _______ _   __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)                                         AR20140018530



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20140018530



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1