PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           19 September 2000 
	DOCKET NUMBER:   AR2000043250

	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. Hubert O. Fry, Jr.		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Regan K. Smith		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.

3.  The applicant states, in effect, that he is entitled to the Combat Infantryman Badge because he served in military occupational specialty (MOS) 11C (indirect fire infantryman) in Southwest Asia from 25 October 1990 through 20 April 1991. In support of his application, he submits a letter from a Member of Congress, dated 28 March 2000; a copy of his DD Form 214; information on MOS 11C; orders for assignment to 543d Supply Company; an undated letter from the applicant to the Adjudication Officer at the VA in Portland, Oregon; a map of Southwest Asia; a copy of Estimated Earnings During Military Service dated 
20 April 1992; orders for activation to active duty; documentation in support of his claim for service connection for post-traumatic stress disorder; a newspaper article; numerous photographs depicting military operations; an undated medical exam report; a medical record, dated 20 September 1999, from a licensed clinical psychologist; a photograph of his Department of the Army Civilian Retiree Identification Card; and a Desert Storm Questionnaire.  

4.  The applicant’s military records show that he was ordered to active duty in support of Operation Desert Shield/Desert Storm on 8 October 1990.  He served as an indirect fire infantryman in Southwest Asia from 25 October 1990 through 20 April 1991 and was honorably released on 3 June 1991.

5.  The applicant’s DD Form 214 with an effective date of 3 June 1991 does not show the Combat Infantryman Badge as an authorized award.

6.  There are no orders in the applicant’s personnel records which show he was awarded the Combat Infantryman Badge.  His records indicate he was awarded MOS 11C (indirect fire infantryman).  His records also show that he was assigned to the 543d Supply Company and Headquarters & Headquarters Company, 80th Ordnance Battalion in MOS 11C during his assignment in Southwest Asia.

7.  His DD Form 215 (Correction to DD Form 214), dated 6 April 1992, reflects award of the Kuwait Liberation Medal and does not specify whether it was awarded by the Kingdom of Saudi Arabia (KLM-SA) or by the Government of Kuwait (KLM-K).

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.  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.

10.  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 a supply company and ordnance battalion during his entire assignment in Southwest Asia. 

2.  There is no evidence the applicant was awarded the Combat Infantryman Badge.  There also is no evidence of record which shows he served in an infantry unit engaged in ground combat.  Therefore, the applicant is not entitled to correction of his DD Form 214 to show award of the Combat Infantryman Badge.

3.  The applicant served in Southwest Asia from 25 October 1990 to 20 April 1991; therefore, he is entitled to correction of his military records 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: 

	a.  by deleting the entry “KUWAIT LIBERATION MEDAL” on the DD Form 215 issued on 6 April 1992 of the individual concerned; and 

	b.  by adding the entries “KUWAIT LIBERATION MEDAL AWARDED BY THE KINGDOM OF SAUDI ARABIA” and “KUWAIT LIBERATION MEDAL AWARDED BY THE GOVERNMENT OF KUWAIT” on the DD Form 215.

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

BOARD VOTE:  

HOF____  JPI_____  RKS_____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		Hubert O. Fry, Jr.____
		        CHAIRPERSON

INDEX

CASE ID	AR2000043250	
SUFFIX		
RECON		
DATE BOARDED	20000919	
TYPE OF DISCHARGE	(HD)	
DATE OF DISCHARGE	19910603	
DISCHARGE AUTHORITY	AR 635-200 Chapter 4	
DISCHARGE REASON	Expiration term of service	
BOARD DECISION	(GRANT)	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0089	
3.		
4.		
5.		
6.