IN THE CASE OF:	  

		BOARD DATE:	  9 July 2015

		DOCKET NUMBER:  AR20140020116 


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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge and reflect the fact he participated in Operations Desert Shield and Desert Storm.

2.  The applicant states he was in combat as an infantryman while assigned to Company E, 2nd Battalion, 7th Infantry Regiment, 24th Infantry Division.  He arrived in Saudi Arabia on 16 August 1990 and redeployed on 18 March 1991.

3.  The applicant provides:

* DA Form 2A (Personnel Qualification Record, Part I)
* DA Form 2-1 (Personnel Qualification Record, Part II)
* DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report (NCOER))

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 17 July 1986.  After completing initial training, he was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  He later changed his MOS to 11H (Heavy Anti-Armor Weapons Infantryman).  His highest rank/grade held was sergeant/E-5.

3.  He was honorably released from active duty on 13 April 1993.  His DD Form 214 shows he completed 6 years, 8 months, and 27 days of net active creditable service.  

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) shows among other awards the Southwest Asia Service Medal with two bronze service stars and the Kuwait Liberation Medal.  It does not show the Combat Infantryman Badge.

	b.  Item 18 (Remarks) is void of any entries showing he deployed in support of Operations Desert Shield/Desert Storm.

4.  His DA Form 2-1 contains the following entries:

	a.  Item 5 (Oversea Service) shows he deployed to Saudi Arabia for the period 29 August 1990 to 25 March 1991.

	b.  Item 9 (Awards, Decorations, and Campaigns) does not show the award of the Combat Infantryman Badge.  There are annotations showing participation in two campaigns:

* Defense of Saudi Arabia
* Liberation and Defense of Kuwait

	c.  Item 27 (Remarks) shows the following comment:  in accordance with "021900Z, MAR91, DAPE-HR-S, duty in imminent danger pay area (Southwest Asia) 900829-910325."

5.  The Gulf War Deployment Roster shows those Soldiers who served in the Persian Gulf War.  Review of this list shows the applicant's name for service in the Persian Gulf War during the period 1 August 1990 to 26 March 1991.

6.  His official military personnel file is void of orders awarding him the Combat Infantryman Badge. 
7.  The applicant provides an NCOER which, under the item addressing leadership and showing a rating of success, contains the following comments:

* was a primary trainer during Joint U.S./Saudi training on the tube-launched, optically-tracked, wire-guided (TOW) II [anti-tank missile] Weapon System improved TOW vehicle (ITV)
* led his squad during bunker clearing operations in Iraq (emphasis added)

8.  A review of the applicant's records shows he is entitled to an additional award.  He served in Korea from 22 June 1988 to 21 June 1989 with Headquarters and Headquarters Company, 1st Battalion, 5th Infantry Regiment, 2nd Infantry Division.  

9.  Army Regulation 600-8-22 (Military Awards) provides policy and guidance for awards and decorations.  

	a.  It states there are basically three requirements for award of the Combat Infantryman Badge:

* the Soldier must be an infantryman satisfactorily performing infantry duties (emphasis added)
* he must be assigned to an infantry unit (emphasis added) during such time as the unit is engaged in active ground combat
* he must actively participate in such ground combat (emphasis added) 


	b.  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.

	c.  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.

	d.  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.

10.  Army Regulation 635-8 (Separation Processing and Documents) prescribes policies and procedures for preparation of the DD Form 214.  Regarding entries in the Remarks section, it states, for active duty Soldiers who deployed with their unit during their continuous period of active service, enter the comment:  SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates). 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests award of the Combat Infantryman Badge and to have this award added to his DD Form 214.  

	a.  The award of the Combat Infantryman Badge requires the recipient to have satisfactorily performed in an infantry MOS, to have been assigned to an infantry unit actively engaged in ground combat, and to have actively participated in such ground combat (emphasis added).

   b.  The applicant meets at least two criteria:

* he held an infantry MOS
* he was assigned to an infantry unit which deployed during Operations Desert Storm/Desert Shield

	c.  In support of his request, he provides an NCOER which states he led his squad in bunker clearing operations.  Unfortunately, this comment does not offer a clear confirmation that either he or his unit was actively engaged in direct combat with the enemy.  Additionally, his record provides no information which could support his claim.

2.  Based upon the foregoing, there is insufficient evidence upon which to grant the Combat Infantryman Badge.  Should he be able to provide verifying documentation (such as staff-duty logs, letters from his former chain of command, and eye-witness reports, particularly when part of historical unit documents) within 1 year of the date of the Board's decision, which more clearly defines his combat participation, his application can be reconsidered.

3.  As to his request to have his service in Saudi Arabia noted on his DD Form 214, the regulation supports the addition of this entry.  The Gulf War Deployment Roster confirms he served in Southwest Asia.  The entry on his Personnel Qualification Record more accurately reflects his service dates and receipt of hostile fire pay.  It should therefore be added to his DD Form 214.

4.  His records show he has qualifying service for both the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  Currently, his DD Form 214 simply lists one Kuwait Liberation Medal and does not specify which award.  As such, this entry should be deleted and replaced with the two Kuwait Liberation Medals.

5.  Based on his service in Korea, he is entitled to award of the Korea Defense Service Medal and its addition to his DD Form 214.

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 for the period ending 13 April 1993 as follows:

	a.  Deleting from item 13, Kuwait Liberation Medal.

	b.  Adding to item 13:

* Kuwait Liberation Medal (Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)
* Korea Defense Service Medal

	c.  Adding to item 18 the following comment:  "SERVICE IN SOUTHWEST ASIA FROM 900829-910325."

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 and reflecting his service in Southwest Asia as 16 August 1990 to 18 March 1991.  



      ______ _   __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)                                         AR20140020116



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ABCMR Record of Proceedings (cont)                                         AR20140020116



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