IN THE CASE OF: BOARD DATE: 2 February 2016 DOCKET NUMBER: AR20150007253 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. Application for correction of military records (with supporting documents provided, if any). 2. Military Personnel Records and advisory opinions (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 the Combat Infantryman Badge (CIB). 2. The applicant states he was an 11C (Indirect Fire Infantryman) assigned to Headquarters and Headquarters Company (HHC), 4th Battalion, 34th Armor Regiment, which was attached to the 3rd Armored Division serving in Operation Desert Storm. They were engaged in combat with the Iraqi Republican Guard. His first sergeant presented him and his fellow Soldiers with the CIB; however, it does not appear on his DD Form 214. 3. The applicant provides: * a copy of his DD Form 214 * a memorandum from U.S. Total Army Personnel Command to Commander, U.S. Army Forces Command, dated 5 March 1996 * Department of the Army General Orders (DAGO) Number 14, dated 11 April 1997 * 14 internet pages from the Association of 3rd Armored Division website CONSIDERATION OF EVIDENCE: 1. 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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing. 2. The applicant enlisted in the Regular Army on 6 September 1989. He was awarded military occupational specialty 11C. 3. His DA Form 2-1 (Personnel Qualification Record) shows in: a. item 5 (Oversea Service), he served in Southwest Asia from 29 December 1990 to 20 May 1991; b. item 9 (Awards, Decorations & Campaigns), the CIB is not included as an authorized award; c. item 27 (Remarks), an entry that indicates he performed duty in an imminent danger pay area in Southwest Asia during the period 29 December 1990 through 20 May 1991; and d. item 35 (Current and Previous Assignments), he was assigned to HHC, 4th Battalion, 34th Armor Regiment effective on or about 12 January 1990 to on or about 8 September 1991. 4. Permanent Orders Number 38-10, issued by Headquarters, 3rd Armored Division on 7 April 1991, awarded him the CIB for engagement in active combat with an enemy during the period 24 February 1991 to 28 February 1991. 5. He was honorably released from active duty for expiration term of service and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 10 September 1991. His DD Form 214 shows he completed 2 years and 5 days of net active service and was awarded or authorized the: * Army Commendation Medal * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16) 6. A review of his record indicates he is entitled to additional awards that are not shown on his DD Form 214. 7. A review of the applicant's service record does not contain a disqualification statement from his commander. Additionally his record shows no derogatory information in the form of lost time, nonjudicial punishment, or suspension of favorable personnel actions that would disqualify him for his initial award of the Army Good Conduct Medal. 8. His official military personnel file contains a memorandum issued by Commander, HHC, 4th Battalion, 34th Armor Regiment, dated 3 September 1991, to the 257th Personnel Services Company (PSC), subject: Good Conduct Medal. In this memorandum, the applicant's commander requested he receive the Good Conduct Medal for the period 6 September 1989 to 15 September 1991. 9. He provides DAGO Number 14, dated 11 April 1997, which awarded the Valorous Unit Award to 4th Battalion, 34th Armor Regiment for extraordinary heroism while engaged in military operations during the period 4 January 1991 to 20 May 1991. 10. Army Regulation 600-8-22 (Military Awards) states: a. The Army Good Conduct Medal (AGCM) is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity. This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified. b. 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. c. The Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-KU) 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. The applicant's record contains Permanent Orders 38-10, dated 7 April 1991, which awarded him the CIB. This award is not listed on his DD Form 214. 2. His record contains no evidence of any disciplinary action and contains a memorandum from his commander to the 257th PSC requesting he receive the AGCM. Based on the aforementioned, it appears an administrative error occurred resulting in failure to award him the AGCM. This award is not listed on his DD Form 214 and it would be appropriate to award him the AGCM and it to his DD Form 214. 3. The evidence shows he served in Southwest Asia from 29 December 1990 to 20 May 1991 in a designated location to qualify for award of both the KLM-SA and the KLM-KU. These foreign awards are not listed on his DD Form 214. 4. He served with the 4th Battalion, 34th Armor Regiment during the period 12 January 1990 to 8 September 1991. He provides DAGO Number 14, dated 11 April 1997, which awarded the Valorous Unit Award to 4th Battalion, 34th Armor Regiment for extraordinary heroism while engaged in military operations during the period 4 January 1991 to 20 May 1991. This award is not listed on his DD Form 214. BOARD VOTE: ___x____ ___x____ ___x____ GRANT FULL 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. awarding him the Army Good Conduct Medal (1st Award) for the period 6 September 1989 through 10 September 1991 and b. adding the following to his DD Form 214: * Army Good Conduct Medal (1st Award) * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - Government of Kuwait * Valorous Unit Award * Combat Infantryman Badge _______ _ x_______ ___ CHAIRPERSON I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case. ABCMR Record of Proceedings (cont) AR20140005231 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150007253 5 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1