IN THE CASE OF:  

		BOARD DATE:  31 August 2020

		DOCKET NUMBER:  AR20190014987


APPLICANT REQUESTS:  in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show:

* award of the Combat Infantryman Badge (CIB)
* his service in the Persian Gulf
* any other awards he is entitled

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* a self-authored statement
* DD Form 214

FACTS:

1.  The applicant did not file within the three year time frame provided in Title 10, United States Code, section 1552(b); however, the ABCMR 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, in effect, while assigned in Germany his unit was deployed to the Persian Gulf.  While in the Persian Gulf, he served with Company C, 1st Battalion, 16th Infantry Regiment.  He further states he was attached to Task Force 3-34 and 2-29 during his time in the combat theater.  After he returned he was handed an addendum regarding his combat infantry patch which he has lost.  He requests his DD Form 214 to reflect the time he served in combat.

3.  The applicant enlisted in the Regular Army on 29 September 1988.  He completed training and he was awarded military occupational specialty 11M (Infantryman).

4.  Section V (Miscellaneous) of his DA Form 2-1 (Personnel Qualification Record) states, "Duty in Imminent Danger Pay Area (Southwest Asia) 901203-910219."

5.  Section VII (Current and Previous Assignments) shows that he was assigned to      Company C, 1/16th Infantry Regiment, Germany from 6 February 1989 to 25 March 1991.  This is a total of 2 years, 1 month, and 20 days.

6.  There is no evidence in his service record, which shows he personally engaged in active ground combat while serving in Southwest Asia.  His records do not contain orders or any other documentation showing he was awarded or authorized the CIB.

7.  His records do not contain orders awarding him the Army Good Conduct Medal (AGCM).

8.  A review of the applicant's service record shows no derogatory information in the form of time lost, nonjudicial punishment, or suspension of favorable personnel actions which would disqualify him for the first award of the AGCM.  Additionally, there are no entries in his record to indicate his commanders denied him award of the AGCM.

9.  The applicant was honorably released from active duty in the rank/grade of specialist (SPC)/E-4 on 25 March 1991, after completing 2 years, 5 months, and 27 days net active service with 1 year, 1 month, and 22 days of foreign service.  His DD Form 214 shows he was awarded or authorized:

* Army Service Ribbon 
* National Defense Service Medal
* Overseas Service Ribbon
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Dragon Gunner Bar 

10.  The Defense Manpower Data Center compiled the Desert Shield/Storm Data Base.  The primary Desert Shield/Storm file contains one record for each active duty member who participated in-theater between 2 August 1990 and 31 July 1991.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 27 December 1990 to 15 February 1991.

11.  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.  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 infantry, ranger, or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat. 

12.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.    

13.  Chapter 2 of Army Regulation 635-5 (Separation Documents), then in effect, contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  

14.  There are no provisions for entering the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch" on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

BOARD DISCUSSION:

1.  After review of the application and all evidence, in addition to the Administrative Notes recorded by the analyst of record (below the signature), the Board determined there is sufficient evidence to grant partial relief.  

2.  The Board recommends granting the applicant’s request for any additional authorized awards per the Administrative Notes.

3.  The Board found sufficient evidence to correct the applicant’s DD Form 214 to reflect his service in the Persian Gulf.  The Desert Shield/Storm Data Base shows the applicant served in Southwest Asia during the period 27 December 1990 to 15 February 1991.

4.  The Board found insufficient evidence to grant award of the CIB.  The applicant’s record is absent evidence that shows he personally engaged in active ground combat while serving in Southwest Asia.  His records do not contain orders or any other documentation showing he was awarded or authorized the CIB.

5.  There are no provisions for entering the shoulder sleeve insignia for former wartime service (commonly referred to as a "combat patch") on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

6.  Upon review of the records: 

   a.  The Board found that the applicant’s foreign service is incorrect in block 12f of his DD Form 214.  The applicant’s DD Form 214 currently reflects 1 year, 1 month and 22 days of foreign service.  Per the applicant’s DA Form 2-1, he served in Germany from 6 February 1989 to 25 March 1991, for 2 years, 1 month and 20 days.  This period is inclusive of his service in Southwest Asia.  
   
   b.  The Board agreed that the applicant is eligible for award of the Army Good Conduct Medal.  His DA Form 2-1 reflects that he was promoted twice, his record does not contain any information that would have precluded him from being recommended for or awarded the AGCM (1st Award), and he was honorably released from active duty.


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:

After review of the application and all evidence, in addition to the Administrative Notes found by the analyst of record, the Board found sufficient evidence to grant partial relief.  

1.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
   
   a.  Adding awards in Administrative Notes.
   
   b.  Awarding the applicant the AGCM.
   
   c.  Amending the applicant’s DD Form 214 by:
   
      (1)  showing 2 years, 1 month, and 20 days in item 12f.
   
      (2)  adding the AGCM to item 13.

      (3)  showing "SERVICE IN SOUTHWEST ASIA FROM 19901227 TO 19910215” in item 30.

2.  Regarding the applicant’s request for the CIB and shoulder sleeve insignia for former wartime service (commonly referred to as a "combat patch"), the Board recommends denial of this portion of the requested relief.


		 
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):  The applicant's records show he met the criteria for the Southwest Asia Service Medal (SWASM) with 2 bronze service stars, the Kuwait Liberation Medal-Saudi Arabia (KLM-SA), and Kuwait Liberation Medal-Kuwait (KLM-K).  As a result, amend the DD Form 214 with an effective date 21 March 1991, by adding the SWASM with 2 bronze service stars, KLM-SA, and KLM-K.


REFERENCES:

1.  Title 10, United States 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 ABCMR to excuse an applicant's failure to timely file within the 3 year statute of limitations if the Army Board for Correction of Military Records (ABCMR) determines it would be in the interest of justice to do so.

2.  Army Regulation 600-8-22 (Military Awards) states:
 
   a.  The SWASM is awarded to members of the Armed Forces of the United States who participated in Operations Desert Shield/Desert Storm in the designated area on or after 2 August 1990 to 30 November 1995.  A bronze service star is authorized for wear with this medal for participation in each credited campaign.  Approved designated campaigns are:

* Defense of Saudi Arabia (2 August 1990 to 16 January 1991)
* Liberation and Defense of Kuwait (17 January to 11 April 1991)
* Southwest Cease-Fire (12 April 1991 to 30 November 1995)

     b.  The KLM-SA 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 1991 and 28 February 1991.  Additionally, this regulation also states the KLM-K 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.

     c.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.  
     
     d.  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.  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.  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 635-5, then in effect, prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  In establishes standardized policy for the preparation of the DD Form 214.  In pertinent part, it states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  It is important that information entered on the form should be complete and accurate.  Chapter 2 of Army Regulation 635-5 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that for:

     a.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier’s records.  Do not use abbreviations.
	
   b.  item 18, for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."  

4.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.   

5.  Army Regulation 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR.  Paragraph 2-9 contains guidance on the burden of proof.  It states that the ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct.  The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application.  The applicant has the burden of proving an error or injustice by a preponderance of the evidence.  
//NOTHING FOLLOWS//
ABCMR Record of Proceedings (cont)	 AR20190014987



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS



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