RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 October 2006
      DOCKET NUMBER:  AR20060003690


      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. James E. Anerholm             |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. Bernard P. Ingold             |     |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, in effect, award of the Combat Infantryman
Badge for his service in the Dominican Republic.

2.  The applicant states, in effect, that he believes he should have been
awarded the Combat Infantryman Badge for service during a tour of duty in
the Dominican Republic.  He also states that this award was given to the
members of his company who served there the same time and place as he did.
He was just made aware of the DD Form 149 (Application for Correction of
Military Record) and procedures by counselors at the Department of Veterans
Affairs Center.

3.  The applicant provides no documentation in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 June 1966, the date of his release from active duty.
The application submitted in this case is dated 15 February 2006 and was
received on 11 March 2006.

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 that he was enlisted in the
Regular Army as a private on 8 July 1963 for 3 years.  He completed
training as a light weapons infantryman in military occupational specialty
(MOS) 11B.

4.  The applicant’s Enlisted Qualification Record (DA Form 20), Item 38
(Record of Assignment) shows he served in the Dominican Republic from 3 May
1965 through 23 June 1966.  During that time, he was assigned to Company C,
2nd Battalion, 508th Infantry, and performed the duties of radio teletype
operator, MOS 05C, his secondary MOS.



5.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Pistol Bar (45 Caliber Pistol), in Special Orders Number 14, by
Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, on
18 January 1965.

6.  He was released from active duty in pay grade E-4 on 29 June 1966 and
transferred to the United States Army Reserve (USAR) Control Group
(Reinforcement).  Entries on his DD Form 214 do not show award of the
Combat Infantryman Badge.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) lists
the following awards:  the Armed Forces Expeditionary Medal, the National
Defense Service Medal, and the Parachutist Badge.  The Combat Infantryman
Badge is not shown on his DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20 showing he was awarded the Combat Infantryman Badge.
 There are no orders in the applicant's military personnel records awarding
him the Combat Infantryman Badge.

8.  He was reassigned to the USAR Control Group (Standby) on 8 July 1968.

9.  Army Regulation 600-8-22 provides, in pertinent part, 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 of
brigade, regimental or smaller size.  The Awards Branch of the U.S. Army
Human Resources Command (formerly known as the Total Army Personnel
Command) has advised, in similar cases, that during the Vietnam era the
Combat Infantryman Badge was awarded only to enlisted individuals who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge was awarded for service in the Dominican Republic from
28 April 1965 to 21 September 1966.  The Soldiers must have met the
criteria of assignment to an infantry unit, ranger unit, or infantry type
unit during any period such unit was engaged in actual ground combat and
personally present and under fire while serving in an assigned primary duty
as a member while the unit participated in ground combat.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence
must show that an applicant held and served in an infantry MOS while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, and must have served in active ground combat while assigned or
attached to this infantry unit.

2.  The evidence shows the applicant served in his secondary MOS, 05C, in
an infantry unit in the Dominican Republic; however, the evidence of
record does not confirm, and he has not shown, that he was personally
present and participated in active ground combat operations while assigned
or attached to this infantry unit. Typically, those personnel who held and
performed in the MOS 05C normally remained at the Tactical Operations
Center while those who held the MOS 05B (radio operator) accompanied
Soldiers while they performed their infantry duties. His records also do
not show he received any awards for valor or achievement that would give
an indication he was exposed to combat against the enemy.

3.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman Badge and to have it added to his DD Form 214.

4.  The applicant earned the Expert Marksmanship Qualification Badge with
Pistol Bar.  This badge is not shown on the applicant's DD Form 214.  He is
entitled to have this badge added to his DD Form 214.

5.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 June 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
28 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

__A_____  __JAM__  __BPI ___  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by adding the already awarded Expert Marksmanship Qualification
Badge with Pistol Bar to the applicant's DD Form 214 and providing him a
corrected separation document.




                                  _____James E. Anderholm________
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060003690                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061031                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY w/NOTE                             |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.108                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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