IN THE CASE OF:	  

		BOARD DATE:	  15 September 2015

		DOCKET NUMBER:  AR20150002337


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 he was awarded the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB is not listed on his DD Form 214; however, the orders are contained in his personnel records.

3.  The applicant provides no additional evidence in support of his request. 

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 11 August 1987.  After completing his initial entry training, he was awarded military occupational specialty 11B (Infantryman).

3.  Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record – Part II) shows he deployed to Southwest Asia (Saudi Arabia), in support of Operations Desert Shield and Desert Storm, from on or about 11 September 1990 through on or about 8 April 1991.  

4.  Permanent Orders 117-007, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY on 27 April 1991, awarded him the CIB for service between 25 February and 28 February 1991.

5.  He was honorably released from active duty on 17 September 1991 and transferred to the U.S. Army Reserve Control Group to complete his remaining service obligation.  His DD Form 214 shows he completed 4 years, 1 month, and 7 days of net active service, and:  

   a. Item 12f (Record of Service – Foreign Service) of his DD Form 214 shows he was credited with completing 1 year, 6 months, and 28 days of foreign service.

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not indicate he was previously awarded the CIB, the Kuwait Liberation Medal issued by the Kingdom of Saudi Arabia (KLM-SA), or the Kuwait Liberation Medal issued by the Government of Kuwait (KLM-KU).

   c. Item 18 (Remarks) of his DD Form 214 does not show that he participated in any named operations or campaigns.

6.  A review of the applicant's records indicates he is entitled to additional awards that are not shown on his DD Form 214.

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

   a.  The KLM-SA is awarded by the Government of Saudi Arabia to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January and 28 February 1991.  It was authorized by the Department of Defense on 3 January 1992.

   b.  The KLM-KU is awarded by the government of Kuwait 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.  It was authorized by the Department of Defense on 7 August 1995.   
   
8.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established a standardized policy for the preparation of the DD Form 214 and provided a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge.  According to this version:

   a. Item 12f of the DD Form 214 documents the total amount of foreign service completed during the period covered in item 12c.  

   b. Item 13 of the DD Form 214 documents the decorations, medals, badges, citations, and campaign ribbons awarded or authorized.    

   c. Item 18 of the DD Form 214 documents the remarks that are pertinent to the proper accounting of separating Soldier's during this period of service.  

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded the applicant the CIB during the period of active service represented on his DD Form 214.  This badge is not shown on his        DD Form 214; therefore, his DD Form 214 should be corrected to show it. 

2.  His foreign service in support of Operations Desert Shield and Desert Storm was within the regulatory timeframe for award of the KLM-SA and the KLM-KU.  These foreign service awards are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

3.  His service in Southwest Asia appears to be accurately reflected in item 12f of his DD Form 214; however, there is no entry in item 18 that documents his deployment in support of Operations Desert Shield and Desert Storm.  Therefore, it would be appropriate to amend item 18 of his DD Form 214 accordingly.







BOARD VOTE:

___x____  ___x____  ____x___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

   a.  amending item 13 of his DD Form 214 to add the:
   
* Combat Infantryman Badge
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait)

   b.  amending item 18 of his DD Form 214 to add the entry "SERVICE IN SOUTHWEST ASIA FROM 11 SEPTEMBER 1990 THROUGH 8 APRIL 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)                                         AR20100010470



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ABCMR Record of Proceedings (cont)                                         AR20150002337



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