PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            18 July 2000                  
	DOCKET NUMBER:   AR2000038058

	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. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. George D. Paxson 		Chairperson	
	Ms. Elizabeth Buchanon		Member	
	Ms. Margaret V. Thompson		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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Combat Infantryman Badge and the Air Assault Badge.

3.  The applicant states that he was awarded and earned these decorations and his records should be corrected.

4.  The applicant’s military records show that he enlisted on 17 September 1987 for a period of 4 years.  He served as a heavy antiarmor weapons infantryman in Germany and Southwest Asia and was honorably discharged on 21 September 1991.

5.  The applicant’s DD Form 214 does not show the Combat Infantryman Badge or the Air Assault Badge as authorized awards.

6.  There are no orders in the applicant’s personnel records which shows he was awarded the Combat Infantryman Badge.  His records indicate he was awarded military occupational specialty (MOS) 11H (heavy antiarmor weapons infantryman).  His records also show that he was assigned to Company C,
1st Battalion, 187th Infantry in MOS 11H during his assignment in Southwest Asia from 11 September 1990 through 9 April 1991.

7.  There are no orders in the applicant’s personnel records which shows he was awarded the Air Assault Badge.  Item 9 (Awards, Decorations & Campaigns) of the applicant’s DA Form 2-1 (Personnel Qualification Record) does not show entitlement to the Air Assault Badge.  There is no evidence the applicant completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to
101st Airborne Division (Air Assault).        

8.  Army Regulation 600-8-22 (Military Awards) 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.

9.  Army Regulation 600-8-22, in pertinent part, sets forth requirements for award of the Air Assault Badge.  Award of the Air Assault Badge requires that an individual must have satisfactorily completed an air assault training course according to the U.S. Army Training and Doctrine Command standardized Air Assault Core Program of Instruction, or completed the standard Air Assault Course while assigned or attached to 101st Airborne Division (Air Assault) after 
1 April 1974.

10.  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.

11.  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.  Evidence of record shows the applicant served in an infantry MOS in an infantry company during his assignment in Southwest Asia.  However, there is no evidence the applicant was awarded the Combat Infantryman Badge.  There also is no evidence of record which shows his unit was engaged in active ground combat or that he was personally under hostile fire.  Therefore, the applicant is not entitled to correction of his military records to show award of the Combat Infantryman Badge.     

2.  The Board noted the applicant’s contention that he is entitled to award of the Air Assault Badge.  However, there is no evidence which shows the applicant was awarded the Air Assault Badge or met the qualifications for award of the Air Assault Badge.  Therefore, he is not entitled to correction of his military records to show award of the Air Assault Badge. 

3.  The applicant served in Southwest Asia from 11 September 1990 through
9 April 1991.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the KLM-SA and the 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 that the individual concerned was awarded the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.

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

BOARD VOTE:  

GDP____  EB______  MVT____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		_George D. Paxson___
		        CHAIRPERSON

INDEX

CASE ID	AR2000038058	
SUFFIX		
RECON		
DATE BOARDED	20000718	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910921	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0122	
3.	107.0089	
4.		
5.		
6.