IN THE CASE OF: BOARD DATE: 28 September 2023 DOCKET NUMBER: AR20230002135 APPLICANT REQUESTS: correction of his DD Form 214, Certificate of Release or Discharge from Active Duty, to show his Gulf War service, the Combat Infantryman Badge, and his other combat awards. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149, Application for Correction of Military Record * Permanent Orders 113-005, 23 April 1991 * DD Form 214, 20 December 1991 FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, 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’s service record contains orders awarding him the Combat Infantryman Badge. His request to add the Combat Infantryman Badge will be addressed through administrative correction without action by the Board. 3. The applicant states, in effect, his DD Form 214 does not list his combat service during Operation Desert Storm/Desert Shield or his combat awards. 4. On 25 November 1988, he enlisted in the Regular Army. He held military occupational specialty 11B, Infantryman. 5. His DA Form 2-1, Personnel Qualification Record, shows he was assigned to Fort Campbell, KY. It does not show overseas service or that he was awarded any combat awards. 6. His Defense Finance and Accounting Records for the period in question are not available for review. 7. The applicant provides Permanent Orders 113-005, 23 April 1991, published by Headquarters, 101st Airborne Division (Air Assault), Fort Campbell, KY, awarding him the Combat Infantryman Badge for the period 24 February 1991 through 2 March 1991 while assigned to Company B, 1st Battalion, 502nd Infantry Regiment, Fort Campbell. 8. A review of the Army Publishing Directorate’s List of Army General Orders shows that the 1st Battalion, 502nd Infantry was awarded a Meritorious Unit Commendation for the period 12 September 1990 to 8 April 1991. 9. He was honorably released from active duty on 20 December 1991. His DD Form 214 shows he completed 3 years and 26 days of net active service. His DD Form 214 shows in: * Block 12f (Foreign Service) – 0000-00-00 * Block 13 (Decorations, Medals, Badges, Citation and Campaign Ribbons Awarded or Authorized) Good Conduct Medal, Army Service Ribbon, Marksman Badge with M-16 bar, Expert badge with Grenade Bar, Army Lapel Button, National Defense Service Medal, Parachutist Badge, Air Assault Badge, and Army Achievement Medal * Block 18 (Remarks) does not list any deployments BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found relief is warranted. 2. The Board found that while there are no notations of foreign service in the applicant’s Official Military Personnel File, the Combat Infantryman Badge orders he provided are sufficient to substantiate a period of deployed service in support of Operation Desert Storm. Although the period of his deployed service was likely much longer than the period of Desert Storm ground operations shown on the orders he provided (i.e., months instead of days), unfortunately this is the best record available. The Board determined the applicant’s DD Form 214 should be corrected to show this period of deployed service and any related medals. 3. If the applicant has any additional records related to his deployment for Operations Desert Shield/Desert Storm, such as an award certificate or other official document that better describes his period of deployed service, he is encouraged to submit those records with a new application so the Board may determine if any additional corrections are warranted. 3. The Board concurred with the corrections described in Administrative Note(s) below. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 :X :X :X GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION 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 amending his DD Form 214 by adding to item 18 “Service in Southwest Asia from 19910224 to 19910302” and by making the corrections described in Administrative Note(s) below. 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 provides Permanent Orders 113-005, issued by Headquarters, 101st Airborne Division (Air Assault) and Fort Campbell, Fort Campbell, KY, 23 April 1991, awarding him the Combat Infantryman Badge which is sufficient evidence to establish his eligibility for the following awards, which will be added to his DD Form 214: * Combat Infantryman Badge * Southwest Asia Service Medal with one bronze service star * Kuwait Liberation Medal (Kuwait) * Kuwait Liberation Medal (Saudi Arabia) REFERENCES: 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 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 635-5 (Separation Documents), in effect at the time, established the standardized policy for preparing and distributing the DD Form 214. Block 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214. The current version of Army Regulation 635-5 (or AR 635-8) mandates certain entries. For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "Service in (name of Country Deployed) From (inclusive dates, for example YYYYMMDD to YYYYMMDD)." 3. 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 ABCMR will decide cases on the evidence of record. It is not an investigative body. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002135 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1