IN THE CASE OF: BOARD DATE: 3 January 2022 DOCKET NUMBER: AR20210013652 APPLICANT REQUESTS: correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), ending on 24 June 1992, to reflect the following authorized awards: * Combat Infantryman Badge * Expert Marksmanship Qualification Badge with Rifle Bar * Expert Marksmanship Qualification Badge with Grenade Bar * Valorous Unit Award APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * General Orders Number 9, dated 18 November 2005 * DD Form 214, dated 24 June 1992 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 (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 pertinent part that his DD Form 214 is incorrect as it does not accurately reflect all of his authorized awards. He contests that while he was in the military, he was authorized and wore both the Expert Marksmanship Qualification Badge with Rifle Bar and the Expert Marksmanship Qualification Badge with Grenade Bar. After he was discharged, he was advised that his previous unit of assignment had been awarded the Valorous Unit Award. 3. A review of the applicant's available service records reflects the following: a. On 24 July 1987, the applicant enlisted in the Regular Army to serve as an 11M (Fighting Vehicle Infantryman). b. From on or about 29 August 1990 – 7 March 1991, the applicant served in Saudi Arabia with C Company, 2nd Battalion, 7th Infantry Regiment. c. On 24 June 1992, the applicant was discharged from the Army due to misconduct. DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) reflects the following: * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Kuwait Liberation Medal * Parachutist Badge * Marksman Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar d. The applicant's most recently issued DA Form 2-1 (Personnel Qualification Record) item 9 (Awards, Decorations and Campaigns) reflects the following: * Parachutist Badge * Army Service Ribbon * National Defense Service Medal * Southwest Asia Service Medal with 2 bronze service stars * Marksman Marksmanship Qualification Badge with Rifle Bar * Sharpshooter Marksmanship Qualification Badge with Grenade Bar 4. The applicant provides General Orders Number 9, dated 18 November 2005, reflective of C Company, 2nd Battalion, 7th Infantry Regiment being awarded the Valorous Unit Award for extraordinary heroism while engaged in military operations on 2 March 1991. BOARD DISCUSSION: 1. After reviewing the application, all supporting documentation and evidence found within the military record, the Board found that partial relief was warranted. Based on Army Regulation (AR) 600-8-22 (Military Awards), the Board found insufficient documentation that the applicant met the requirements for the award of the Combat Action Badge and denied that portion of the request. 2. In accordance with Army Regulation (AR) 600-8-22 (Military Awards), the Board noted that the Expert Marksmanship Qualification Badge with Rifle Bar and Expert Marksmanship Qualification Badge with Grenade Bar are properly reflected in block 13 (Decorations, Medals, Badges and Campaign Ribbons Awarded or Authorize) on the applicant’s DD214 for the period ending 24 June 1992 3. In regard to the applicant’s request for award of the Valorous Unit Award, the Board noted that the applicant’s unit received the Valorous Unit Award and that his DD214 for the period of service ending 24 June 1992 will be administratively corrected with no further action by the Board. 4. Upon further review of the applicant’s record, the Board majority noted two additional administrative errors that warranted correction. Evidence supports that the applicant had a period of prior honorable service and a period of service in Southwest Asia for which he received imminent danger pay. As this information is not reflected on his DD214 for the period ending 24 June 1992, the Board majority found partial relief was warranted. The dissenting Board member found evidence insufficient. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X : :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : :X : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 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 reissuing him a DD Form 214 for the period ending 24 June 1992 reflecting the following in block 18 (Remarks): * PRIOR PERIOD OF HONORABLE SERVICE (870724 – 900419) * SERVED IN A DESIGNATED IMMINENT DANGER PAY AREA/SERVICE IN SOUTHWEST ASIA 900829—910301 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): 1. Reference the enclosed request for correction of military records, correct the applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 24 June 1992 by adding the Valorous Unit Award. 2. The following documents are sufficient to justify correction of the DD Form 214 without action by the Board. * DD Form 214 * DA Form 2-1 (Personnel Qualification Record) * General Orders Number 9 * Army Regulation 600-8-22 (Military Awards) 3. Correct the applicant’s DD Form 214 to add the awards shown in paragraph 1 above. Provide the applicant with a copy of the corrections and the medals and citations, as applicable. Please record the corrections in the applicant’s official military personnel record. REFERENCES: 1. Title 10, USC, 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 ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medals, service medals and ribbons, combat and special skill badges and tabs, unit decorations, trophies, and similar devices awarded in recognition of accomplishments. Paragraph 8-6 (Combat Infantryman Badge) provides for award of the Combat Infantryman Badge and that 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, 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. AR 635-5 (Separation Documents) states that the DD Form 214 will reflect the conditions and circumstances that existed at the time the records were created. The purpose of the separation document is to provide the individual with documentary evidence of his or her military service at the time of release from active duty, retirement, or discharge. It is important that information entered on the form be complete and accurate and reflects the conditions as they existed at the time of separation. Personnel officers will prepare and authenticate DD Form 214 prior to forwarding records to the transfer facility. All available records will be used as a basis for the preparation of DD Form 214, including DA Form 2-1 (Personnel Qualification Record) and orders. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on the issued DD Form 214 will contain all decorations, service medals, campaign creds and badges awarded or authorized from item 9 (Awards, Decorations and Campaigns) of DA Form 2-1. 4. AR 15-185 (ABCMR) paragraph 2-9 states 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. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20210013652 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1