BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014280 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ____X____ ____X____ ____X____ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014280 BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 ending 25 July 1991 to add the following awards: * Army Achievement Medal * Kuwait Liberation Medal – Saudi Arabia * Kuwait Liberation Medal – Government of Kuwait 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to the 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. BOARD DATE: 20 December 2016 DOCKET NUMBER: AR20150014280 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 to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all awards for which he is eligible, to include: * Combat Infantryman Badge * Kuwait Liberation Medal 2. The applicant states, in effect, he is entitled to additional awards based on his service, including the Combat Infantryman Badge and the Kuwait Liberation Medal. He does not have orders for any of these awards. 3. The applicant provides his DD Form 214 for the period ending 25 July 1991. 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 20 August 1987. He held military occupational specialties 11M (Fighting Vehicle Infantryman) and 11B (Infantryman). 3. He was honorably released from active duty on 25 July 1991. His DD Form 214 shows he completed 3 years, 10 months, and 20 days of net active creditable service. He served in Southwest Asia from 27 August 1990 to 25 March 1991. (This service period qualified him for two bronze service stars for his participation in two campaigns). He was awarded or authorized: * Army Good Conduct Medal (1st Award) * National Defense Service Medal * Southwest Asia Service Medal with two bronze service stars * Army Service Ribbon * Parachutist Badge 4. His official military personnel file contains Permanent Orders Number 50-19, dated 6 October 1989, issued by Headquarters, 3rd Battalion (Mechanized), 7th Infantry, awarding him the Army Achievement Medal. 5. His record is void of orders or other documentation confirming he was awarded the Combat Infantryman Badge. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes policies and procedures for military awards. a. The award of the Combat Infantryman Badge has three requirements. The Soldier must be an infantryman satisfactorily performing infantry duties, he must have been assigned to an infantry unit (brigade, regimental or smaller size) during such time as that unit was engaged in active ground combat, and he must have actively participated in such ground combat. b. The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia 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 and 28 February 1991. c. The Kuwait Liberation Medal awarded by the Government of Kuwait 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: 1. Permanent orders awarded the applicant the Army Achievement Medal; this award is not reflected on his DD Form 214. 2. The applicant has qualifying service in Southwest Asia for the Kuwait Liberation Medal – Government of Kuwait and the Kuwait Liberation Medal – Saudi Arabia. 3. The applicant contends he is eligible for the Combat Infantryman Badge. While his MOS was infantry and he deployed during the Gulf War, neither the evidence of record nor that provided by the applicant confirms that during his deployment he was assigned to a brigade-sized or smaller infantry unit, that his unit was engaged in active ground combat, and that he personally participated in that combat. Service in a combat theater of operations alone is insufficient to support this award. 4. The applicant does not appear to be eligible for any other awards or decorations beyond those addressed above. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150014280 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150014280 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2