RECORD OF PROCEEDINGS

	IN THE CASE OF:  

	BOARD DATE:           5 February 2004                   
	DOCKET NUMBER:   AR2003088727

	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. Fred N. Eichorn		Chairperson	
	Mr. John P. Infante		Member	
	Ms. Karen A. Heinz		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).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  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.

2.  The applicant states that he was awarded the Combat Infantryman Badge on 28 March 1991; however, it was inadvertently left off of his DD Form 214.  

3.  The applicant provides a copy of orders for the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on 26 June 1995.  The application submitted in this case is dated 18 March 2003.  

2.  Title 10, U.S. Code, Section 1552(b), provides that applications for correction of military records must be filed within 3 years after discovery of the alleged error or injustice.  This provision of law allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 29 March 1990 for a period of 4 years.  He served as an infantryman in Southwest Asia from 26 December 1990 through 1 May 1991.  On 26 June 1995, the applicant was discharged under honorable conditions (a general discharge) for misconduct.  On 5 December 2001, the Army Discharge Review Board upgraded the applicant's discharge to honorable and changed his narrative reason for separation to Secretarial Authority.

4.  The applicant's DD Form 214 shows the Army Commendation Medal, the Army Achievement Medal, the National Defense Service Medal, the Army Service Ribbon, the Overseas Service Ribbon, the Southwest Asia Service Medal with three bronze service stars, the Expert Marksmanship Qualification Badge with Grenade Bar, the Dragon Gunner Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Kuwait Liberation Medal as authorized awards.

5.  Headquarters, 1st Armored Division Permanent Orders 5-38, dated 28 March 1991, show the applicant received the Combat Infantryman Badge for active ground combat during the period 17 January 1991 to 2 March 1991.

6.  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.

7.  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.

DISCUSSION AND CONCLUSIONS:

1.  Orders show the applicant received the Combat Infantryman Badge.

2.  The applicant's DD Form 214 shows the Kuwait Liberation Medal as an authorized award but does not specify whether it was awarded by the Kingdom of Saudi Arabia or by the Government of Kuwait.  Based on the applicant’s service in Southwest Asia, he is entitled to award of the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  

BOARD VOTE:

FNE____  JPI_____  KAH_____  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting the Kuwait Liberation Medal from his DD Form 214 and by showing that he was awarded the Combat Infantryman Badge, 

the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia and the Kuwait Liberation Medal awarded by the Government of Kuwait.  

		__Fred N. Eichorn_________
		        CHAIRPERSON

INDEX

CASE ID	AR2003088727	
SUFFIX		
RECON		
DATE BOARDED	20040205	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT PLUS	
REVIEW AUTHORITY		
ISSUES         1.	107.0111	
2.	107.0000	
3.		
4.		
5.		
6.