PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:            24 July 2001
	DOCKET NUMBER:   AR2001056052

	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	
	Mr. Joseph A. Adriance 		Analyst	

  The following members, a quorum, were present:

	Mr. John N. Slone		Chairperson	
	Ms. Margaret V. Thompson		Member	
	Mr. William D. Powers		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, in effect, that he be awarded the Combat Infantryman Badge (CIB).

3.  The applicant states, in effect, that his separation document should be changed to include the CIB for actions related to duty he performed in military occupational specialty (MOS) 11M ( Bradley Fighting Vehicle Infantryman) in the Persian Gulf with A Company, 3rd Battalion, 5th Cavalry Regiment, 3rd Armored Division.  He claims that he personally deployed with his unit and participated with the unit in ground combat during Operation Desert Storm and his claim for veterans benefits brought about the need for supporting evidence of his combat participation.  He claims that all members with an 11 series MOS in his unit were awarded the CIB but this was done subsequent to his departing for discharge processing and the paperwork was overlooked in his case. He states that in 1995 he applied for benefits from the Department of Veterans Affairs (VA) and they questioned why an infantry soldier who participated in ground combat operations was not awarded the CIB. 

4.  The applicant’s military records show that he served on active duty for 
a total of 3 years, 9 months, and 15 days, from 27 May 1988 to 11 March 1992, at which time he was honorably separated under the provisions of the Fiscal Year 1992 Early Transition Program.  

5.  The Department of Defense (DD) Form 214 (Certificate of Release or Discharge from Active Duty), issued to the applicant on the date of his separation, confirms that he served in Southwest Asia during Operation Desert Storm, from 26 December 1990 to 20 June 1991, and as a result he was awarded the Southwest Asia Service Medal with 2 bronze service stars, which denotes his participation in the Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns of Operation Desert Storm.  

6.  The applicant’s Official Military Personnel File (OMPF) confirms that during his Persian Gulf service he was assigned to A Company, 3rd Battalion, 
5th Cavalry Regiment, 3rd Armored Division and performed duties in MOS 11M as a Bradley Fighting Vehicle Infantryman.  Department of the Army General Order (DAGO) Number 14, published on 11 April 1997, awarded the Valorous Unit Award (VUA) to this unit for the period 3 Jan 91 through 15 Jun 91.  

7.   Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Chapter 7 outlines the criteria for award of the VUA.  It states, in pertinent part, that the VUA may be awarded to units of the Armed Forces of the United States for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force.

8.  Chapter 8 contains guidance on awarding Badges and Tabs and paragraph 
8-6 contains the criteria for awarding the CIB.  It states, in pertinent part, that there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  It also provides, in pertinent part, that the unit in question can be of any size smaller than brigade, for example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. 

9.  Chapter 9 contains provisions for Foreign and International Decorations and Awards granted to United States personnel.  For service in Southwest Asia the Kingdom of Saudi Arabia and the Government of Kuwait issued foreign unit awards.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (KLM-SA) is authorized to military personnel who participated in the Persian Gulf War between 17 January and 28 February 1991.  The Kuwait Liberation Medal awarded by the government of Kuwait (KLM-K) is authorized to military personnel who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that he should be awarded the CIB for his combat service as an infantryman during Operation Desert Storm and it concludes this claim has merit.  

2.  By regulation, there are basically three requirements for award of the CIB; the soldier must be an infantryman satisfactorily performing infantry duties; must be assigned to an infantry unit during such time as the unit is engaged in active ground combat; and must actively participate in such ground combat.  The unit must be of any size smaller than brigade, for example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. 

3.  The evidence of record confirms the applicant served in a combat zone in Southwest Asia from 29 December 1990 through 20 June 1991, as evidenced by the Southwest Asia Service Medal with 2 bronze service stars, denoting his participation in the  Defense of Saudi Arabia and Liberation and Defense of Kuwait campaigns of Operation Desert Storm, listed in his DD Form 214. 

4.  The record also shows that, during his tenure in Southwest Asia, the applicant was assigned to A Company, 3rd Battalion, 5th Cavalry Regiment, 3rd Armored Division, and performed duties in MOS 11M as a Bradley Fighting Vehicle Infantryman.  

5.  In addition, the record confirms that during the applicant’s assignment tenure, the unit was awarded the VUA for extraordinary heroism in action against an armed enemy of the United States while engaged in military operations involving conflict with an opposing foreign force, as evidenced by DAGO Number 14, published on 11 April 1997.

6.  In the opinion of the Board, it is clear that the applicant was performing duties in an infantry MOS, 11M; in an infantry unit, a cavalry regiment that was the infantry element of his battalion; and was personally present with that unit while it was actively engaged in ground combat, as evidenced by the unit earning the VUA during his assignment tenure.  Therefore, the Board concludes there is a sufficient evidentiary basis to conclude that he is entitled to the CIB and his not receiving it was likely the result of administrative oversight due to his leaving his unit early for separation processing. 

7.  In addition, although authorized subsequent to his separation, based on his service in Southwest Asia during Operation Desert Storm, the applicant is clearly entitled to both the KLM-SA and KLM-K given he was assigned and present with his unit during the period it was awarded the VUA, he is also authorized this award.  

8.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by showing that the individual concerned was awarded the Combat Infantryman Badge, Valorous Unit Award, Kuwait Liberation Medal-Saudi Arabia, and Kuwait Liberation Medal-Kuwait; and by providing him a corrected separation document that reflects these changes.

BOARD VOTE:  

__JNS__  __ MVT __  __WDP__  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		      __John N. Slone__
		        CHAIRPERSON

INDEX

CASE ID	AR2001056052	
SUFFIX		
RECON		
DATE BOARDED	2001/07/24	
TYPE OF DISCHARGE	HD	
DATE OF DISCHARGE	1992/03/11	
DISCHARGE AUTHORITY	AR 635-200	
DISCHARGE REASON	FY92 Early Release Program	
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.  157	107.0111	
2.  46	107.0000	
3.		
4.		
5.		
6.