PROCEEDINGS

	IN THE CASE OF: 

	BOARD DATE:                1 March 2000
	DOCKET NUMBER:        AR1999028179

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Hubert S. Shaw, Jr.		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. John Saputo		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests award of the Combat Infantryman Badge.

3.  The applicant states that he should have been awarded the Combat Infantryman Badge for his combat service in Southwest Asia.  He also contends that other personnel in his unit received the Combat Infantryman Badge.  In support of his application, he submitted a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), two certificates of achievement recognizing his service in Southwest Asia as a member of the 3d Battalion 2d Air Defense Artillery Regiment, and an award certificate for the Army Commendation Medal recognizing his meritorious achievement as a “Bradley crewmember” assigned to the 3d Battalion 2d Air Defense Artillery Regiment.

4.  The applicant’s military records show that he was serving as a Team Leader in an Engineer Battalion of the Georgia Army National Guard when he was ordered to active duty on 8 January 1991 in support of Operation Desert Storm.  He served in Southwest Asia from 23 January 1991 through 4 May 1991 and was honorably released from active duty on 17 May 1991.

5.  The applicant’s DD Form 214 (Certificate of Release or Discharge from Active Duty) does not show the Combat Infantryman Badge as an authorized award.  His DD Form 214 was amended by a DD Form 215 (Correction to DD Form 214), dated 7 August 1991, to show award of the Southwest Asia Service Medal with one bronze service star.

6.  The applicant’s service personnel records show that he was awarded military occupational specialty (MOS) 19D (Cavalry Scout) and served 48 months (11 September 1979 to 9 September 1983) in the Regular Army in that MOS.  On 12 March 1984, the applicant enlisted in the Georgia Army National Guard and was assigned to an Engineer Battalion.  He was awarded MOS 12B (Combat Engineer) on 1 June 1985 and served in that MOS until ordered to active duty in January 1991.

7.  There is no evidence that the applicant was ever awarded an infantry MOS or served in an infantry duty position in an infantry unit during Operation Desert Storm.  Documents provided by the applicant show that he served as a member of an air defense artillery unit in Southwest Asia.

8.  The applicant’s DD Form 214 does not show the Southwest Asia Service Medal or the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia or the Government of Kuwait as authorized awards.

9.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge (CIB), and paragraph 8-6k specifies that for the Persian Gulf War (Operation Desert Storm) individuals must have met the criteria in paragraphs 8-6b and c to be awarded the CIB during the period 17 January 1991 to 11 April 1991.  These paragraphs state that 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. Specific requirements state, in effect, that an Army enlisted soldier must have an infantry or special forces specialty, satisfactorily performed duty 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.  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 with the enemy.

10.  Army Regulation 600-8-22 provides that service in the Persian Gulf War is to be recognized by award of the Southwest Asia Service Medal (SWASM) to Army members who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990.  A bronze service star is authorized for the Defense of Saudi Arabia (2 August 1990 to 16 January 1991) and the Liberation and Defense of Kuwait (17 January to 11 April 1991), and the Cease-fire Campaign (12 April 1991 to 30 October 1995).

11.  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.

12.  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.

CONCLUSIONS:

1.  There is no evidence, and the applicant has provided no evidence, which shows that he was awarded the Combat Infantryman Badge.  The applicant was not awarded an infantry military occupational specialty.  He did not serve in an infantry unit or infantry position in combat during his assignment in Southwest Asia.  Therefore, the applicant was not eligible for award of the Combat Infantryman Badge at the time of his service in Southwest Asia and there is no basis for award of the Combat Infantryman Badge to him now. 

2.  Notwithstanding the applicant’s contention that other personnel in his unit were given the Combat Infantryman Badge, the Board considers each case individually and on its own merit.  As a result, awards received by others are not a basis for the Board to grant an award, particularly in view of the facts stated in conclusion 1, above.

3.  Based on the applicant’s service in Southwest Asia in support of Operation Desert Storm, the applicant is entitled to correction of his records to show award of the Southwest Asia Service Medal (SWASM) with two bronze service stars (instead of one bronze service star) and the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

4.  In view of the foregoing findings and conclusions, it would be appropriate to correct the applicant’s records, but only as recommended below.

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Southwest Asia Service Medal (SWASM) with two bronze service stars (instead of one bronze service star), the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA), and the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K).

2.  That so much of the application as is in excess of the foregoing be denied.

BOARD VOTE:  

GDP____  MMD____  JS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		George D. Paxson______
		        CHAIRPERSON

INDEX

CASE ID	AR1999028179	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20000301	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	19910517	
DISCHARGE AUTHORITY	AR 635-200, CHAP 4. . . . .  	
DISCHARGE REASON	ETS	
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY	MR SCHNEIDER	
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.