BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140019897 


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 award of the Combat Infantryman Badge and recognition for his service on the West Germany border during the Cold War.

2.  The applicant states he was assigned to Headquarters, 1st Infantry Division, and received Scud missile fire during an assault convoy operation in support Operation Desert Storm.  He was also attached to a squad which made an assault on an Iraqi supply depot.  He was with 3d Platoon, Company D, 2d Battalion, 30th Infantry Regiment, and deployed to Czechoslovakia to patrol the east and west border.  He strongly believes he should be recognized for his service.

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 20 April 1988.  He completed training as a fighting vehicle infantryman in military occupational specialty (MOS) 11M.  In September 1989, he was assigned to D Company, 2d Battalion, 30th Infantry Regiment, in West Germany.

3.  Award orders in his Military Personnel Records Jacket (MPRJ) show:

* Permanent Order Number 30-50, Headquarters, 2d Battalion, 30th Infantry Regiment, awarded him the Army Achievement Medal for the period 10 April to 16 June 1989 for meritorious achievement
* Permanent Order Number 7-12, Headquarters, 5th Battalion, 15th Infantry Regiment, awarded him the Army Achievement Medal with 1st Oak Leaf Cluster for the period 14 August to 23 September 1989 for meritorious achievement
* Permanent Order Number 10-01, Headquarters, 5th Battalion, 15th Infantry Regiment, awarded him the Army Achievement Medal with 2nd Oak Leaf Cluster for his achievement as a Squad Automatic Weapon (SAW) trainer and squad leader during a live-fire training exercise in April 1990
* Permanent Order Number 48-10, Fort Riley, KS, awarded him the Army Good Conduct Medal (1st Award) for the period 20 April 1988 to 19 April 1991

4.  The applicant's DA Form 2-1 (Personnel Qualification Record – Part II) shows:

	a.  his authorized awards as the:

* Army Service Ribbon
* Army Achievement Medal (3rd Award)
* Overseas Service Ribbon
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars

	b.  he served in Saudi Arabia from 31 December 1990 to 11 May 1991.

5.  The applicant was released from active duty on 19 April 1992 and transferred to the U.S. Army Reserve Control Group (Reinforcement) in pay grade E-4.  His DD Form 214 lists his authorized awards as the:

* Army Service Ribbon
* National Defense Service Medal
* Army Lapel Button
* Army Good Conduct Medal
* Kuwait Liberation Medal
* Southwest Asia Service Medal with three bronze service stars
* Overseas Service Ribbon with Numeral 1
* Army Achievement Medal (2nd Award)

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

	a.  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.

	b.  The Kuwait Liberation Medal awarded by the Government of Kuwait 
(KLM-KU) 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.

	c.  There are three requirements for award of the Combat Infantryman Badge. 
A Soldier must be personally present and under hostile fire while serving in an assigned infantry unit, in a unit actively engaged in ground combat with the enemy, to close with and destroy the enemy with direct fires.  The Combat Infantryman Badge is authorized for award for the Southwest Asia Conflict from 17 January to 11 April 1991.

7.  The applicant requested recognition for his service in the Cold War.  Public Law 105-85, section 1084, established a Cold War Recognition Certificate to recognize all service members of the U.S. Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States during the Cold War Era from 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Cold War Recognition Program, ATTN:  
AHRC-PDP-A, Department 480, 1600 Spearhead Division Avenue, Fort Knox, KY  40122.  The Cold War Recognition Certificate is not an award and is not authorized for entry on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Combat Infantryman Badge and recognition of his service on the West Germany border and in Czechoslovakia during the Cold War.

2.  Concerning his request for recognition for his service during the Cold War, he may write to the U.S. Army Human Resources Command and request the Cold War Recognition Certificate.  This certificate is not within the purview of this Board.

3.  Concerning his request for the Combat Infantryman Badge, there is no available evidence showing he actively engaged in direct fire operations with the enemy during Operation Desert Storm.  Without evidence to show his direct engagement with enemy forces, there is no basis to award the Combat Infantryman Badge.

4.  The applicant served in Saudi Arabia from 31 December 1990 to 11 May 1991 and his DD Form 214 shows he was awarded the Kuwait Liberation Medal.  However, it does not differentiate between the two medals awarded by the governments of Kuwait and Saudi Arabia.  Therefore, it would be appropriate to delete the Kuwait Liberation Medal from his DD Form 214 and add award of the KLM-SA and KLM-KU.

5.  A review of his DD Form 214 and records shows a discrepancy in the number of Army Achievement Medals awarded to the applicant during his period of service.  The applicant's DD Form 214 shows two awards while the evidence of record shows he was awarded three Army Achievement Medals.  Therefore, it would be appropriate to correct his DD Form 214 to show all three awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  __X______  __X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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 as follows:

	a.  deleting award the Kuwait Liberation Medal and the Army Achievement Medal with 1st Oak Leaf Cluster from his DD Form 214 for the period ending 19 April 1992 and

	b. adding award of the Army Achievement Medal (3rd Award), KLM-SA, and KLM-KU to his DD Form 214 for the period ending 19 April 1992.

2.  The Board further determined 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 and Cold War Recognition Certificate.



      ___________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)                                         AR20140019897



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