RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 AUGUST 2006
      DOCKET NUMBER:  AR20050016181


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Curtis Greenway               |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Ms. Peguine Taylor                |     |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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states that he was awarded the CIB for serving in the
Dominican Republic in May and June of 1965.

3.  The applicant does not provide any additional evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 June 1965.  The application submitted in this case is
dated          2 November 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 limitations 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 enlisted in the Regular Army
on      11 June 1962.  After completion of basic and advance individual
training he was awarded military occupational specialty (MOS) 111 (Light
Weapons Infantryman). The applicant was honorably released from active duty
on 10 June 1965.

4.  The applicant’s DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) lists his MOS as 113 (Infantry Operations and
Intelligence Specialist).  His last duty assignment is listed as
Headquarters and Headquarters Company, 2d Battalion, 504th Infantry.  There
is no foreign service listed in item 24c “Foreign and/or Sea Service” or
item 32 “Remarks.”

5.  There is no evidence or any orders awarding the applicant the CIB.
There is also no evidence to show that the applicant was deployed or served
in the Dominican Republic and while there was assigned or attached to an
infantry brigade that participated in active ground combat.


6.  Army Regulation 600-8-22 (Military Awards) provides that the Combat
Infantryman Badge is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry MOS.  They must have served in
active ground combat while assigned or attached to an infantry unit or
brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in an infantry unit of regimental size or smaller in
active ground combat, which is required by regulation for award of the CIB.
 In view of this fact, there is insufficient basis for award of the CIB.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 June 1965; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on            9 June 1969.  The applicant did not file within the 3-
year statute of limitations and has not provided a compelling explanation
or evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CG __  __JG   __  ___PT___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.




2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  _____Curtis Greenway________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016181                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060810                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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