RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            19 December 2006
      DOCKET NUMBER:   AR20060007063


      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             |
|     |Mr. Jessie b. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen Newman               |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. John Moeller                  |     |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 that his records be corrected to reflect his
award of the Combat Infantryman Badge (CIB).

2.  The applicant states that his award of the CIB that he was awarded for
his service in the Dominican Republic Crisis from April 1965 to August 1965
was not included on his report of separation (DD Form 214).  He further
states that the CIB recognizes his combat experiences while in the military
and applies directly to his claim with the Department of Veterans Affairs
(VA).

3.  The applicant provides no additional documents with his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1965.  The application submitted in this case is
dated 1 May 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 active duty records are somewhat incomplete; however,
the available records show that he enlisted in the Regular Army on 19
September 1962 for a period of 3 years.  He successfully completed his
basic, advanced and airborne training and was transferred to Fort Bragg,
North Carolina.

4.  He was assigned to the 504th Parachute Infantry Regiment for duty as a
light weapons infantryman.  He was promoted to the pay grade of E-5 on 1
April 1965.

5.  On 1 September 1965, he was honorably released from active duty
(REFRAD) at Fort Bragg, due to the expiration of his term of service.  He
had served 3 years and 3 days of total active service and his DD Form 214
issued at the time of his REFRAD indicated that he was awarded the
Parachutist Badge and the Armed Forces Expeditionary Medal (AFEM).

6.  A review of the available records fails to show any indication that the
applicant was awarded the CIB.  However, historical records do show that
the applicant’s unit did participate in the invasion of the Dominican
Republic (Operation Power Pack) during the period of 3 May 1965 until the
summer of 1966, the period for which the AFEM was issued to the applicant.


7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states 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.  Orders must be published to award the CIB.

8.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  While the Board does not doubt the veracity of the applicant’s claim
that he was awarded the CIB for his service during the invasion of the
Dominican Republic, his records contain no evidence that he was awarded the
CIB as he claims.

2.  The award of the CIB is announced in orders published by the awarding
authority and there is no evidence of such orders in his records.
Therefore, absent such evidence, there is no basis to add the CIB to his DD
Form 214 at this time.

3.  However, the evidence of record does show that the applicant is
authorized to have the NDSM added to his DD Form 214.  Accordingly, it
would be appropriate to do so at this time.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1965; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 September 1968.  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

___KN __  ___PS __  ___JM___  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 to show the award of the NDSM.





                                  ____Kathleen Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007063                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19650921                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.107.0069              |115/NDSM                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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