IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000661 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 IN THE CASE OF: BOARD DATE: 19 September 2018 DOCKET NUMBER: AR20170000661 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 deleting the Kuwait Liberation Medal and adding the following authorized awards to his DD Form 214: * Kuwait Liberation Medal - Saudi Arabia * Kuwait Liberation Medal - 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 correcting his DD Form 214 to show award of the Combat Infantryman Badge, Expert Infantryman Badge, President's Hundred Tab, and the following Expert Marksmanship Qualification Badges: * M16 Rifle * M60 Machine gun * .50 Cal Machine gun * Browning Automatic Rifle * AK-47 Assault Rifle * German GS7 * German GS11 ___________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: 19 September 2018 DOCKET NUMBER: AR20170000661 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 the following awards/badges: * Combat Infantryman Badge (CIB) * Expert Infantryman Badge (EIB) * President's Hundred Tab * Kuwait Liberation Medal – Kuwait (KLM-K) * Expert Marksmanship Qualification Badge for the following: * M16 Rifle * M60 Machine gun * .50 Cal Machine gun * Browning Automatic Rifle * AK-47 Assault Rifle * German GS7 * German GS11 2. He states, in effect, that he is no longer in the best of health, but he would come back to active duty if called. His daughter would like him to be buried in his dress uniform so it is time for his records to be corrected to show all his accomplishments. He provides the following information: a. His first duty station was Fort Riley, KS and during the assignment he was singled out to take the EIB proficiency test and he "maxed out" the test. He contends that he was denied the badge because his military occupational specialty (MOS) was 63B (Power Generation & Wheel Vehicle Mechanic). He further contends that he held the MOS 11B (Infantryman) at his last duty station, Company D, 1st Battalion, 112th Infantry. The EIB, and or the CIB, should be retroactive based on his last MOS and the performance of infantryman duties during the Gulf War. b. His next assignment was to Germany, where he used his infantryman training to gain intelligence and work as an interpreter. His skills allowed him to perform many classified missions and while performing his duties he was the target of four bombing attempts and his wife was raped. He distanced himself from his family in order to protect them but he continued to receive intelligence and counterintelligence training, as well as, weapons training on the M2, .50 Cal, M60, M203, AK-47, German GS7 and German GS11. He was singled out for training with the Presidents 100 for instructor and sniper training. He never saw any recognition for this and again this was a great deal of training. He was often given assignments one grade level above his pay grade. He accomplished all this by blending in, knowing the language and customs, keeping up with his duty MOS, and gaining several more primary MOS's. c. After leaving Germany, he was assigned to Fort Hood, TX, with the 647th Maintenance Company, 544th Maintenance Battalion, where he trained with the Special Forces. He made four attempts before being accepted for Special Forces Training in May 1990. He operated covertly without being able to communicate with anyone. After he received his orders, he boarded a super cargo. He remained on temporary duty with the 22nd Support Command and he was never reassigned back to his parent unit; however, it was used as a base camp while they carried out missions. d. In late December 1990, he was called into the conference room where his motor sergeant was begging not to take a mission that had only a 1-percent chance of survival. The applicant contends that he took the mission and took a driver with him who never knew the nature of the mission. The mission was above top secret but failure was not an option because it would have been a disaster for them in the war. He was called upon several more times to complete missions as dangerous as the one he completed on 24-25 December 1990 and 5 January 1991. Again, failure was not an option, and again, the mission was above top secret. He does not know if these missions were declassified, as he has not been in touch with his leadership in over ten years. He cannot disclose the names of his leadership and there is no record of his missions or his units of assignment. The only thing he can share is that his base camp was Sports City, Saudi Arabia. A search of his record will not provide any evidence of his mission because there is none. He has no records to corroborate his whereabouts and his activities. e. He states that he is providing some of his training records from his black file to support how he was given training beyond normal duties as a 63B. He spent almost 18 years doing the impossible, working way above his pay grade, and going beyond the call of duty. He has never done things just to earn a medal because his reward was bringing the team he trained home alive. His health is failing and he wants to be able to answer all his daughter's questions about his military history. He only has his word as proof of his accomplishments but that was all he needed during his service. He speaks ten languages and used them as an interrupter and to gather intelligence which he shared with the S2 (Intelligence) and Special Forces Group. 3. He provides the following: * Self-authored statement * DA Form 4187 (Personnel Action), dated 16 October 1996 * Numerous Correspondence completion training records * Memorandum, Headquarters, 475th Quartermaster Group, dated 19 March 1991 * Memorandum, Subject: Special Forces Assessment and Selection, dated 24 May 1991 * Honorable Discharge Certificate, dated 26 January 1998 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. He enlisted in the Regular Army on 11 February 1980 and he was awarded the MOS 63B. 3. The applicant provides: a. Numerous Correspondence Course training documents which show he completed the Guerilla Operations, Infantry Leadership, U. S. National Intelligence Structure, and Special Forces courses, between 1983 and 1990. b. Memorandum, dated 19 March 1991, issued by Headquarters, 475th Quartermaster Group, Saudi Arabia, which expressed appreciation for the applicant's assistance in the aftermath of the SCUD attack on Aujan Compound on 25 February 1991. c. Memorandum, dated 24 May 1991, issued by the U. S. Army John F. Kennedy Special Warfare Center, Special Recruiting Team, Fort Campbell. This memorandum show the applicant was scheduled to report for the Special Forces Assessment and Selection Course on 3 September 1991. The applicant entered the following note on this memorandum, "Due to the nature of my missions in the Gulf War, I was only able to sleep 2 hours every 2 to 4 days. As you could expect, the stress finally took its toll and I dislocated my hip forever ending this dream." 4. His record is void of documentation or orders awarding him the EIB or CIB. His DA Form 2-1 (Personnel Qualification Record) is not filed in his record and there are no available training records showing he qualified "expert" with any domestic or foreign weapon. 5. He was discharged under the provisions of the voluntary early transition program on 29 September 1992. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he was awarded or authorized the: * Army Achievement Medal with 2 Oak Leaf Clusters (2OLC) * Army Good Conduct Medal (3rd Award) * National Defense Service Medal * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Sharpshooter Marksmanship Qualification Badge with Rifle Bar * Army Lapel Button * Southwest Asia Service Medal with three bronze service stars * KLM 6. Item 18 (Remarks) of his DD Form 214 shows he served in Southwest Asia from 29 October 1990 to 2 October 1991. 7. On 21 April 1996, he enlisted in the PA Army National Guard (PAARNG). 8. The applicant provides the following documents, which are dated subsequent to his discharge from active duty: a. A DA Form 4187, dated 16 October 1996, which shows he performed the duties of an 11B while assigned to the Company D, 1st Battalion, 12th Infantry (Mechanized), Butler, PA. b. An undated, favorable Entrance National Agency check. c. His ARNG Discharge certificate, dated 26 January 1998. REFERENCES: 1. Army Regulation (AR) 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. 2. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. The KLM 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. b. The KLM 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. c. There are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. d. The EIB requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size. To be eligible for testing and award of the EIB, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty. Commanders of U.S. Army training centers have the authority to test and award the badge e. The approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. f. Eligibility requirements. Qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award. Only those badges that are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear. 3. AR 672-5-1 states the President's Hundred Tab is awarded to each person who qualifies among the top 100 successful contestants in the President's Match held annually at the National Rifle Matches. DISCUSSION: 1. The applicant served during a qualifying period for award of the KLM-SA and KLM-K. His DD Form 214 lists a single award of this medal, as KLM. 2. The applicant was awarded and served in MOS 63B. He provided evidence to show that he performed the duties of an 11B, but this period was after his discharge and the issuance of his DD Form 214. Award of the CIB requires that the Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. He does not meet the requirement for award of the CIB. 3. The applicant has not submitted and his records do not contain orders awarding him the EIB. There is no available evidence showing that the applicant completed the qualification requirements for award of the EIB. 4. There is no evidence he participated in the President's Match and he was awarded the President's Hundred Tab. 5. The approval of marksmanship badges may be announced via memorandum, letter, roster, or other locally devised form. There is no evidence in the record, and the applicant did not provide evidence of his expert marksmanship qualification on any weapon. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20170000661 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20170000661 6 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2