RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 20 September 2005 DOCKET NUMBER: AR20050001100 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. Yvonne Foskey Analyst The following members, a quorum, were present: Mr. James C. Hise. Chairperson Mr. Thomas E. O’Shaughessy Member Mr. Patrick H. McGann Member 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, in effect, that the Combat Infantryman Badge (CIB) be added to the list of awards contained on his separation document (DD Form 214). 2. The applicant states, in effect, that when he received his DD Form 214, his CIB was not included in the list of awards contained in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded). 3. The applicant provides Headquarters, 3rd Armored Division Orders Number 37-44 and a Memorandum for Record, dated 23 May 1991, in support of his application. CONSIDERATION OF EVIDENCE: 1. The applicant is requesting correction of alleged error or injustice that occurred on 9 July 1993. The application submitted in this case is dated 7 January 2005. 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 limitations 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’s record shows he enlisted in the Regular Army and entered active duty on 1 June 1990. He was trained in, awarded and served in military occupational specialty (MOS) 11M (Fighting Vehicle Infantryman). 4. The applicant’s record confirms he served in Southwest Asia (SWA) from 2 January 1991 through 20 May 1991. During this period, he was assigned to C Company, 5th Battalion, 5th Cavalry Regiment, performing duties in MOS 11M. 5. The applicant’s Personnel Qualification Record (DA Form 2-1) indicates, in Item 9 (Awards, Decorations & Campaigns), that he earned the following awards: Army Service Ribbon (ASR); National Defense Service Medal (NDSM); Overseas Service Ribbon (OSR); Southwest Asia Service Medal (SWASM) with 2 bronze service stars; Army Commendation Medal (ARCOM); CIB; Kuwait Liberation Medal (KLM); Sharpshooter Qualification Badge with Rifle Bar; and Expert Qualification Badge with Grenade Bar. 6. On 9 July 1993, the applicant was honorably separated from the Army after completing 3 years, 1 month and 9 days of active military service. The separation document (DD Form 214) he was issued confirms he served in SWA from 2 January 1991 through 20 May 1991. 7. The applicant’s DD Form 214 also confirms he held and served in MOS 11M for 2 years and 10 months. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure: NDSM, ASR, OSR, SWASM with 3 bronze service stars, KLM, Expert Qualification Badge with Grenade Bar and Sharpshooter Qualification Badge with Rifle Bar. 8. The applicant provides a copy of Headquarters, 3rd Armored Division Orders Number 37-44, dated 6 April 1991. These orders awarded him the CIB based on his engagement in active combat with enemy forces during the period of 24 February 1991 through 28 February 1991. 9. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. Chapter 8 of the award regulations contains guidance on award of combat badges. It states, in pertinent part, that the CIB is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 10. The Kuwait Liberation Medal was granted by decree of the King of Saudi Arabia and accepted by the Deputy Secretary of Defense on 7 October 1991. It was awarded to members who served in support of Operation Desert Storm between 17 January 1991 and 28 February 1991. 11. The Government of Kuwait offered the Kuwait Liberation Medal to members of the Armed Forces of the United States and the medal was accepted by Secretary of Defense on 16 March 1995.. It was awarded to members who served in support of Operation Desert Shield or Desert Storm between 2 August 1990 and 31 August 1993. DISCUSSION AND CONCLUSIONS: 1. The applicant’s claim of entitlement to the CIB was carefully considered and found to have merit. The record confirms the applicant served in SWA from 2 January 1991 through 20 May 1991. 2. The applicant’s DA Form 2-1 confirms he was awarded the CIB, and the applicant provided a copy of the orders that awarded him the CIB based on his engagement with enemy forces from 24 February 1991 through 28 February 1991. Therefore, it would be appropriate to add the CIB to the applicant’s separation document at this time. 3. The record also confirms that based on his service in SWA, the applicant is entitled to both the KLM-Saudi Arabia and KLM-Kuwait. As a result, it would also be appropriate to add these awards to his separation document at this time. BOARD VOTE: ___JCH__ __TEO__ __PHM__ GRANT RELIEF ________ ________ ________ GRANT PARTIAL 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 amending Item 13 of his 9 July 1993 DD Form 214 by deleting the Kuwait Liberation Medal portion of the entry, and by adding the Combat Infantryman Badge, Kuwait Liberation Medal-Saudi Arabia and Kuwait Liberation Medal-Kuwait; and by providing him a corrected separation document that reflects these awards. ___James C. Hise_______ CHAIRPERSON INDEX CASE ID AR20050001100 SUFFIX RECON YYYYMMDD DATE BOARDED 2005-09-20 TYPE OF DISCHARGE HD, DATE OF DISCHARGE 1993/07/09 DISCHARGE AUTHORITY AR635-200 . . . . . DISCHARGE REASON Ch 16 Bar to Reenlistment BOARD DECISION GRANT REVIEW AUTHORITY Mr. Schneider ISSUES 1. 107 2. 3. 4. 5. 6.