RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050004959


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Stephanie Thompkins           |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction to his foreign service time in Block
24c (Foreign and/or Sea Service) and awards in Block 26 (Decorations,
Medal, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) to show his foreign service time and award of the Combat
Infantryman Badge and citation for the Dominican Republic on his DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states that Block 24c should read 6 months and 4 days.
He was assigned to the duty station as shown in Block 12 (Last Duty
Assignment and Major Command), Company C, 2nd Battalion, 325th Infantry,
3rd US Army.  Block 26 should also include the Combat Infantryman Badge and
citation for the Dominican Republic.  His service records will show he
fought in the Revolution within the Dominican Republic in the summer of
1965.  His records will also show he was awarded the Dominican Republic
Citation for this exact combat action.  He also states that the error was
discovered on 4 March 2005 when he applied for treatment at the Department
of Veterans Affairs Medical Center in Lyons, New Jersey.

3.  The applicant provides a copy of his DD Form 214 in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 8 September 1963, the date of his discharge from active duty.
The application submitted in this case is dated 22 March 2005 and was
received on 5 April 2005.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's military records show he was inducted into the Army of
the United States, as a private, pay grade E-1, on 6 September 1963.  He
completed training as a field communications crewman (wireman) in military
occupational specialty (MOS) 310.07.

4.  He was advanced to pay grade E-2 on 6 January 1964 and to pay grade E-3
on 11 June 1964.

5.  The applicant’s DA Form 24 (Service Record) shows he served in the
Dominican Republic from 1 May through 16 August 1965 with C Company, 2nd
Battalion, 325th Infantry.  His DA Form 24 also shows he was awarded the
Expert Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle) and the
Armed Forces Expeditionary Medal.

6.  He was released from active duty, in pay grade E-2, on 8 September 1965
and was transferred to the United States Army Reserve (USAR) Control Group
(Annual Training).

7.  The DD Form 214 issued to him on his separation date shows his foreign
service in Block 24c as zero years, zero months, and zero days.  The DD
Form 214 also lists the following award:  the Parachutist Badge.

8.  Army Regulation 635-5, in effect at the time, prescribed the policies
and procedures regarding separation documents.  The regulation specified
that a DD Form 214 will be prepared for individuals who are retired,
discharged, or released from active military service.  This regulation also
specified that the total amount of foreign service completed, for the
period covered by the DD Form 214, will be shown.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is for service in the Dominican Republic from 28 April
1965 through 21 September 1966, and the Solider must have been assigned as
an advisor of an irregular force, comparable to the an infantry unit,
ranger unit, or infantry-type unit of the civil guard of regimental or
smaller size, and/or infantry-type unit of the self defense corps of
regimental or smaller size of the government.  The Solider must have also
been personally present and under fire while serving in an assigned primary
duty as a member of a tactical advisory team while the unit participated in
ground combat.

10.  Army Regulation 600-8-22, Appendix D (Foreign Badges), authorizes
award of a Dominican Republic Casadores Tab as an honorary award for
service in any geographical location in the Dominican Republic from which
direct support was provided.  Unless otherwise specified this award may
only be accepted and retained, and is not allowed for wear on the US Army
uniform.  When an individual has been tendered and received a foreign
decoration, he or she will immediately submit a letter to the Commander, US
Army Personnel Command (PERSCOM) [currently known as the Human Resources
Command], Alexandria, Virginia, through command channels, requesting
authority to accept and wear the foreign decoration.  The letter will
contain the following information:  (1) title of the decoration, name of
awarding country, date and place of presentation, and name and position of
the person who presented the award;  (2) a statement of service for which
the decoration was awarded, together with a copy of the diploma or citation
accompanying the award or a copy of the official translation; a brief
description of the recipient's duty assigned during the period recognized
by the award, full name, social security number, position, and grade of the
recipient.  The decoration, with the accompanying documents, will be held
by the individual until action is taken by Headquarters, PERSCOM, and the
individual is informed of final action.  Honorary badges will be reported;
they will not be authorized for wear nor entered in official military
personnel records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Dominican
Republic from 1 May through 16 August 1965, a period of 3 months and 15
days.  Therefore, he is entitled to correction to his DD Form 214, Block
24c, to show 3 months and 15 days.  Correction to Block 24 does not require
any adjustment to the other blocks in item 24 (Statement of Service).

2.  There is insufficient evidence to show that while the applicant served
in the Dominican Republic, he was assigned as an advisor of his infantry
unit and was personally present and under fire in an assigned primary duty
as a member of a tactical advisory team while the unit participated in
ground combat.  There is insufficient evidence upon which to base award of
the Combat Infantryman Badge while he served in the Dominican Republic.

3.  The evidence shows that an honorary award, the Dominican Republic
Casadores Tab, was authorized to some Soldiers for their service in the
Dominican Republic.  However, the applicant has not provided sufficient
evidence to show he was tendered the award and received authorization from
PERSCOM to accept and wear the foreign decoration.  Pertinent regulation
specifies that honorary badges, such as the Dominican Republic Casadores
Tab, will not be authorized for wear nor entered in official military
personnel records.

4.  The applicant’s records show that he was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar (M-14 Rifle) and the Armed
Forces Expeditionary Medal.  As a result, it would be appropriate to add
these awards to his record at this time.

5.  In view of the foregoing, the applicant’s records should be corrected
as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_KLW___  __DED__  ___QAS_  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected:

      a.  by showing on his DD Form 214, Block 24c (Foreign and/or Sea
Service) that he served 3 months and 15 days; and


      b.  by showing that he was awarded the Expert Marksmanship
Qualification Badge with Rifle Bar (M-14 Rifle) and the Armed Forces
Expeditionary Medal and by providing him a corrected separation document
with these corrections.

2.  The Board further determined that 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
showing that amount of foreign and/or sea service in excess of 3 months and
15 days in Block 24c of the applicant's DD Form 214 and award of the Combat
Infantryman Badge.




                                  __     Kenneth L. Wright_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004959                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.00                                  |
|2.                      |107.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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