PROCEEDINGS

	IN THE CASE OF:     

	BOARD DATE:           19 September 2002                   
	DOCKET NUMBER:   AR2002072619

	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. Edmund P. Mercanti		Analyst	

  The following members, a quorum, were present:

	Ms. Joann H. Langston		Chairperson	
	Ms. Melinda M. Darby		Member	
	Mr. Ronald E. Blakely		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 the Combat Infantryman Badge (CIB).

3.  The applicant states that he was an infantryman who fought in the Persian Gulf War, for which he was awarded the Purple Heart (PH).

4.  The applicant’s military records show that he enlisted in the Regular Army on 1 September 1987, was awarded the military occupational specialty (MOS) of infantryman, and was promoted to the rank of sergeant.

5.  He served in Southwest Asia from 8 January to 7 March 1991 as a Bradley Fighting Vehicle crewman assigned to Company B, 1st Battalion, 41st Infantry (Mechanized) Regiment, 2nd Armored Division (Forward).  He was awarded the PH and the Army Commendation Medal (ARCOM) for Meritorious Service for his service in Southwest Asia.  The applicant’s ARCOM award citation reads, in part, that the applicant, “sustained wounds during the conduct of a night attack against fortified enemy infantry and armor forces.  His tenacity and perseverance in the face of the enemy were significant contributions to the success of the operation.”

6.  The applicant was honorably released from active duty on 12 April 1991 at the expiration of his term of service.  The  DD Form 214, Certificate of Release or Discharge from Active Duty, he was issued shows that he was awarded the Army Service Ribbon, the Army Achievement Medal, the National Defense Service Medal, the Marksman Marksmanship Badge with rifle bar, and the Sharpshooter Marksmanship Badge with grenade bar.  

7.  The applicant was issued a DD Form 215, Correction to DD Form 214, on 20 July 1992 which added the Expert Infantryman Badge, the Southwest Asia Service Medal with 2 bronze service stars, the Kuwait Liberation Medal, and the Overseas Service Ribbon.

8.  The applicant was issued a second DD Form 215 on 5 February 2002 which added his PH and ARCOM.

9.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.  That paragraph states 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 be 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.

10.  This regulation also states that 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.  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.

11.  Army Regulation 635-5 provides the procedures for issuing and completing DD Forms 214 and DD Forms 215.  Paragraph 2–7 of this regulation, Issuing and Reissuing DD Form 214, states that once a DD Form 214 has been issued, it is not to be reissued except (in pertinent part) when two DD Forms 215 have been issued and an additional correction is required.

CONCLUSIONS:

1.  The applicant was an infantryman assigned to an infantry company who served in combat in Southwest Asia.  As such, he is entitled to the CIB.

2.  In addition, the applicant's Kuwait Liberation Medal should be deleted and the KLM (SA) and the KLM (K) should be added.

3.  Since two DD Forms 215 have already been issued to the applicant, the addition of these awards will constitute a third correction and will necessitate the issuance of a new DD Form 214.

4.  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:

a.  awarding the individual concerned the CIB; 

b.  deleting the Kuwait Liberation Medal from his DD Form 214;

c.  adding the KLM (SA) and the KLM (K) to his DD Form 214; and

b.  issuing to him a new DD Form 214 which contains the CIB, the KLM (SA) and the KLM (K), along with the awards contained on his other two DD Forms 215.

BOARD VOTE:  

___jhl___  ____reb__  ___mmd_  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		________Joann H. Langston_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002072619	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20020919	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1.	107.00	
2.		
3.		
4.		
5.		
6.