PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 April 2002
	DOCKET NUMBER:   AR2002067893

	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. Jessie B. Strickland		Analyst	

The following members, a quorum, were present:

	Mr. Walter T. Morrison		Chairperson	
	Mr. Curtis L. Greenway		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 that he be awarded and issued the Combat Infantryman Badge (CIB).

3.  The applicant states that he was not awarded the CIB for his service in Southwest Asia (SWA) during the Gulf War and desires it to be done at this time.

4.  The applicant’s military records show that he enlisted on 4 August 1988 for a period of 4 years, training in the infantry career management field and assignment to Europe.  He successfully completed his training and was transferred to Germany for duty as an infantryman on 18 November 1988.  He was advanced to the pay grade of E-4 on 4 October 1990.

5.  On 1 December 1990, he deployed with his unit to Saudi Arabia in support of Operation Desert Storm/Shield.  He served there until 7 February 1991 in a temporary duty status (TDY) until he was returned to his unit in Germany.

6.  On 15 April 1991, he departed Germany for an assignment to Fort Polk, Louisiana, as a fighting vehicle infantryman.  He remained at Fort Polk until he was honorably released from active duty on 30 November 1991, under the Fiscal Year 1992 Early Transition Program. 

7.  A review of the applicant’s records fails to show any indication that the applicant engaged the enemy while in SWA during the 2 months he was there. 

8.  Army Regulation 600-8-22 establishes the criteria for award of the CIB.  It states, in pertinent part, that to be eligible for the CIB, an individual must be an infantryman with an infantry military occupational specialty (MOS) and must perform duty as an infantryman, as a member of an infantry unit of brigade or smaller size, during any period in which that unit was engaged in ground combat. Battle participation credit alone is not sufficient.

9.  That regulation also provides, in pertinent part, that 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 1991 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 applicant’s contentions have been noted by the Board; however, the evidence of record fails to show that during his assignment he performed the duties of an infantryman while engaged in ground combat against the enemy. Therefore, in the absence of evidence to the contrary, it must be presumed that in accordance with the applicable regulations governing award of the CIB, he is not entitled to be awarded that badge.

2.  The Board also notes that the applicant continued to serve for approximately 9 months after departing SWA and if he believed that he was authorized an award of the CIB, he could have more easily obtained the orders from his previous command or corroboration from his previous chain of command, if in fact he was authorized the award.  However, he has failed to show through the evidence submitted with his application or the evidence of record that such was the case.

3.  However, subsequent to the applicant’s departure from Saudi Arabia, the KLM-SA and the KLM-K were authorized and the applicant was entitled to receive those awards.  Accordingly, it would be in the interest of justice to do so at this time.

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

RECOMMENDATION:

1.  That all of the Department of the Army records related to this case be corrected by awarding the individual concerned the KLM-SA and the KLM-K.

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

BOARD VOTE:  

__wtm___  __rks ___  ___clg __  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Walter T. Morrison____
		        CHAIRPERSON

INDEX

CASE ID	AR2002067893	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2002/06/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PARTIAL	
REVIEW AUTHORITY		
ISSUES         1.  146	107.0100/KLM-SA/KLM-K	
2.  157	107.0111/CIB	
3.		
4.		
5.		
6.