ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


	IN THE CASE OF:  

	BOARD DATE:  30 April 2019

	DOCKET NUMBER:  AR20180006561


APPLICANT REQUESTS:  correction of his DD Form 214 (Certificate of Release or Discharge From Active Duty) to show:

* Army Commendation Medal (ARCOM) (Second Oak Leaf Cluster)
* Combat Infantryman Badge
* awards credit for his combat service during Operation Desert Shield and Operation Desert Storm from August 1990 through March 31, 1999
* credit for Combat Lifesaver Course completion

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

* DD Form 149 (Application for Correction of Military Record)
* Permanent Order 121-17, Headquarters, U.S. Army Infantry Center, Fort Benning, GA, dated 24 June 1987
* Army Training Support Center (ATSC) Form 61, dated 23 March 1989
* DA Form 3686 (Joint Uniform Military Pay System (JUMPS) – Leave and Earnings Statement (LES) – Army), dated 1-30 September 1990
* DA Form 3686, 1-30 November 1990
* DA Form 3686, 1-30 December 1990
* DA Form 3686, 1-30 January 1991
* DA Form 3686, 1-28 February 1991
* DA Form 3686, 1-30 April 1991
* letter, Major General R. McCaffrey, Basrah, Eastern Iraq, dated 12 March 1991
* letter, Commander, 1st Battalion, 18th Infantry (Mechanized), Fort Benning, GA, dated 13 March 1991
* Orders 130-523, U.S. Army Infantry Center, Fort Benning, GA, dated 10 May 1991
* DD Form 214
* DA Form 638 (Recommendation for Award (For Other than Valor) of Army Achievement Medal (AAM), Army Commendation Medal (ARCOM), and Meritorious Service Medal(MSM)), dated 3 October 1991

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 

2.  The applicant states:

	a.  He was deployed for Operation Desert Shield and Operation Desert Storm from Fort Benning August 1990 through March 31, 1991.

	b.  He received training and a diploma for Combat Lifesaver Course in March 1989 and put it to use during Operation Desert Storm.

3.  The applicant's request for the award of the ARCOM (Second Oak Leaf Cluster); credit for his combat service during Operation Desert Shield and Operation Desert Storm, from August 1990 through March 31, 1999; and qualifying medals for his service during Operation Desert Shield and Operation Desert Storm, is supported by sufficient evidence in his record.  Therefore, it will be administratively corrected and not discussed further in this Record of Proceedings.

4.  The Board will consider his request for the Combat Infantryman Badge and credit for Combat Lifesaver Course completion.

5.  His records contain no orders showing the award of Combat Infantryman Badge.

6.  Item 9 (Awards, Decorations, and Campaigns) of the DA Form 2-1 (Personnel Qualification Record) does not show award of the Combat Infantryman Badge.

7.  He provided ATSC Form 61, dated 23 March 1989.  This certificate does not show course hours or dates of course on the Combat Lifesaver Course certificate he provided.

8.  Item 17 (Civilian Education and Military Schools) of the DA Form 2-1 does not show completion of a formal Combat Lifesaver Course.

9.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  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.  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.

10.  Army Regulation 635-8 (Separation Processing and Documents) provides standards of service, policies, tasks, and steps governing required actions in the filed support processing personnel for separation and preparation of separation documents.  In states to enter in item 14 (Military Training) of the DD Form 214 all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration.  Acceptable source documents include the enlisted record brief, DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that partial relief was warranted.  Based upon the documentary evidence presented by the applicant and found within the military service record, the Board concluded that corroborating evidence showed the applicant had been awarded two Army Commendation Medals and had deployed in support of Operation Desert Shield and Desert Storm.  For that reason, the Board recommended granting adding the foreign service to the DD Form 214 of the applicant, as well as the ARCOM (2d Award).

However, the Board found insufficient evidence to show that the applicant ever participated in ground combat during his deployment, therefore, the Board recommended denying the portion of the request relating to the Combat Infantryman Badge.

BOARD VOTE:

Mbr 1	Mbr 2	Mbr 3

:	:	:	GRANT FULL RELIEF

X	X	X	GRANT PARTIAL RELIEF

:	:	:	GRANT FORMAL HEARING

:	:	:	DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by 
* awarding and adding the Army Commendation Medal (2rd Award)
* adding the statement in Block 18, “SERVICE IN SAUDI ARABIA/KUWAIT 19900901 TO 19910430”
* changing block 12f to read, “00 08 00”  

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 awarding and adding the Combat Infantryman Badge.
3.  Prior to closing the case, the Board noted the administrative notes below from the analyst of record and recommended those additions also be completed to more accurately depict the military service of the applicant.

	 
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.

ADMINISTRATIVE NOTE(S):

A review of the applicant's records shows he was authorized awards not shown on his DD Form 214.  As a result, amend the DD Form 214 with an effective date of 31 May 1991 by deleting the Army Commendation Medal with First Oak Leaf Cluster and adding to:

	a.  item 13:

* Army Commendation Medal with First Oak Leaf Cluster
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Kuwait
* Kuwait Liberation Medal-Saudi Arabia


REFERENCES:

1.  Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the Combat Infantryman Badge.  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.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty and must have satisfactorily performed duty while assigned or attached as a member of an infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  Eligibility for special forces personnel (less the special forces medical sergeant) accrues from 20 December 1989.  Retroactive awards for special forces personnel are not authorized.  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.

3.  Army Regulation 635-8 (Separation Processing and Documents) provides standards of service, policies, tasks, and steps governing required actions in the filed support processing personnel for separation and preparation of separation documents.  In item 14 (Military Training) it states to list all formal, in-service (full time attendance) training courses successfully completed during the period of service covered by the DD Form 214 of at least 1 week or 40 hours duration.  (As an exception to full-time attendance, list Command and General Staff College and Senior Service Colleges completed by correspondence courses).  Include course title, length in weeks, and year completed.  This information is to assist the Soldier in job placement and counseling; therefore, do not list training courses for combat skills.  When in doubt, refer to the American Council of Education's Guide to the Evaluation of Educational Experiences in the Armed Services for commonly accepted course titles to determine its usefulness to the Soldier after transitioning from the Army.  Acceptable source documents include the enlisted record brief, DA Form 4037 (Officer Record Brief), DA Form 1059 (Service School Academic Evaluation Report), or other military issued certificate of completion with from and through dates or number of weeks.

4.  Army Regulation 15-185 (Army Board for Correction of Military Records) prescribes the policies and procedures for correction of military records by the Secretary of the Army acting through the ABCMR.  The ABCMR begins its consideration of each case with the presumption of administrative regularity.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.

ABCMR Record of Proceedings (cont)	 AR20180006561


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