IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016571 BOARD VOTE: ___x_____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016571 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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 Combat Infantryman Badge for actions on 17 January 1991; and b. amending his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 13 December 1991 by adding to block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Combat Infantryman Badge * Kuwait Liberation Medal (Kingdom of Saudi Arabia) * Kuwait Liberation Medal (Government of Kuwait) * Valorous Unit Award ____________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. IN THE CASE OF: BOARD DATE: 9 March 2017 DOCKET NUMBER: AR20150016571 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) for the period ending 13 December 1991 to show he was awarded or authorized the Combat Infantryman Badge (CIB) and the Kuwait Liberation Medals issued by the Kingdom of Saudi Arabia and the Government of Kuwait. 2. The applicant states, in effect, the CIB was not input during his discharge processing. Information was being manually input at his time of discharge. All unit awards awarded to 1st Battalion, 7th Infantry Regiment, were awarded after his discharge on 13 December 1991. 3. The applicant provides copies of his: * DD Form 214 * DA Form 4980-14 (Army Commendation Medal (ARCOM) Certificate), dated 28 March 1991 * DA Form 4980-18 (Army Achievement Medal (AAM) Certificate), dated 14 June 1989 * DA Form 4950 (Army Good Conduct Medal (AGCM) Certificate), for the period 12 July 1988 through 11 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 12 July 1988. He completed his initial entry training and was awarded military occupational specialty (MOS) 11M (Fighting Vehicle (Mechanized) Infantryman). 3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) shows he served in Southwest Asia/Saudi Arabia from on or about 24 December 1990 through on or about 4 May 1991. His unit of assignment was Company A, 1st Battalion, 7th Infantry Regiment. The unit deployed from Germany to Saudi Arabia in support of Operations Desert Shield and Desert Storm. 4. Permanent Orders Number 1-76, issued by 3rd Brigade, 3rd Infantry Division on 28 March 1991, awarded the applicant an ARCOM for meritorious achievement during the period 17 January 1991 to 10 April 1991. The award recommendation shows he received the ARCOM for destroying two tanks, two armored personnel carriers, four trucks, and several enemy bunkers as the gunner during combat operations against the Iraq Republican Guard. 5. The applicant was honorably discharged on 13 December 1991. Block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded or authorized the: * Army Commendation Medal * Army Achievement Medal * Army Good Conduct Medal (1st award) * National Defense Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Army Service Ribbon * Expert Marksmanship Badge with Automatic Rifle Bar (M-16) * Sharpshooter Marksmanship Badge Grenade 6. Department of the Army General Orders 1994-27, issued by Headquarters, Department of the Army on 27 December 1994, awarded the Valorous Unit Award (VUA) to 1st Battalion, 7th Infantry Regiment for extraordinary heroism while engaged in military operations during the period of 24 February 1991 through 28 February 1991. REFERENCES: Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. For award of the Combat Infantryman Badge: (1) Enlisted Soldiers with an infantry MOS who, subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of either a brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. (2) A recipient must be personally present and under hostile fire while serving in an assigned infantry or special forces primary duty, in a unit actively engaged in ground combat with the enemy. The unit in question must be a brigade, regiment, or smaller size. For example, personnel possessing an infantry MOS in a rifle squad of a cavalry platoon in a cavalry troop would be eligible for award of the CIB. Battle or campaign participation credit alone is not sufficient; the unit must have been in active ground combat with the enemy during the period. b. The Kuwait Liberation Medal issued 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 issued 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. The applicant's request for correction of his DD Form 214 to show he was awarded or authorized the CIB and the Kuwait Liberation Medals, issued by the Kingdom of Saudi Arabia and the Government of Kuwait, was carefully considered. 2. The applicant's military record shows he was assigned to 1st Battalion, 7th Infantry Regiment during his period of service in Southwest Asia, during the same time period he was awarded the ARCOM for meritorious achievement. 3. The ARCOM confirms he engaged the enemy in combat, as an 11M, while he was assigned to an infantry unit. The evidence shows he met the criteria for the CIB. 4. The evidence of record confirms he served in the Persian Gulf War during periods of qualifying service that authorized him the Kuwait Liberation Medal (Kingdom of Saudi Arabia) and the Kuwait Liberation Medal (Government of Kuwait). rHowever, his DD Form 214 does not show these foreign service medals. 5. Department of the Army General Orders 1994-27 awarded 1st Battalion, 7th Infantry Regiment the VUA for extraordinary heroism while engaged in military operations during a period in which he was assigned with the unit. This unit award is not reflected on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150010975 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150016571 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2