RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	6 February 2007  
	DOCKET NUMBER:  AR20060009524 


	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



Analyst
      The following members, a quorum, were present:




Chairperson



Member



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 Army Forces Expeditionary Medal (AFEM) and the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, he deployed to the Dominican Republic from 3 May 1965 to 9 May 1965 under combat fire and did not receive the AFEM or the CIB.  He also states that as a member of the Maryland Army National Guard (MDARNG), in April 1965, he was attached to Headquarters Company, 2/508th Infantry, 82nd Airborne Division, to perform advanced individual training.  While with the 82nd, he deployed with them when they were ordered to duty in the Dominican Republic.  His name was omitted from the list of Soldiers who were awarded the aforementioned awards possibly because he was a member of the MDARNG attached to the 82nd.  

3.  The applicant also states that after returning from the Dominican Republic, his platoon sergeant and platoon leader stated he qualified to receive the awards and submitted the necessary paperwork for him to receive the awards.  He left the 82nd before the awards were issued and since that time he has been trying to get the awards for which he is qualified.  He has been trying to get this corrected for quite a few years and still has not done so, even though his superiors at the time tried to make the award for which he qualified.

4.  The applicant provides copies of his active duty for training (ACDUTRA) orders; a letter to his mother from the Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina; a request for award of the CIB; his DA Form 2139 (Military Pay voucher); and newspaper articles titled "On a Lonely Point" and "Bragg Identified Dominican Dead"; in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice which occurred on 5 August 1965, the date of his separation from ACDUTRA.  The application submitted in this case is dated 29 June 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 he enlisted in the MDARNG on 14 November 1964.  He completed training as an infantry communication specialist in military occupational specialty (MOS) 311.  

4.  The applicant entered ACDUTRA on 7 February 1965.  He was assigned to Company A, 82nd Signal Battalion, 3rd US Army.

5.  In a letter, dated 14 May 1965, Headquarters, 82d Airborne Division, Fort Bragg, the Assistant Adjutant General informed the applicant's mother of his return to the United States (US) after a short tour of duty in the Caribbean Area.  The letter stated that the applicant had been ordered temporarily to the Caribbean Area to render assistance to US citizens and to protect US property in the Dominican Republic.  The applicant safely returned on 9 May 1965.

6.  The applicant submits two newspapers articles that reference the fighting in the Dominican Republic during May 1965.

7.  The applicant was separated from active duty on 5 August 1965 and reverted to the MDARNG.  Entries on his DD Form 214 (Armed Forces of the US Report of Transfer or Discharge) do not show award of the AFEM or the CIB.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) is annotated with, "None".  

8.  The applicant's DD Form 214 also shows he served in MOS 311.10, infantry communication specialist.

9.  There are no orders in the applicant's military personnel records awarding him the CIB.

10.  On 16 December 1965, the applicant's platoon sergeant (MDARNG) issued a request to award the applicant the CIB for service in the Dominican Republic from 3 May to 9 May 1965.  The sergeant stated that the applicant served with HQ Company, 2/508th Infantry during this period under combat fire and his name was apparently omitted from the initial list of names submitted for the CIB.  The applicant was subsequently separated from the service and requested that he be awarded this CIB for which he qualified during the aforementioned period.

11.  The applicant was separated from the MDARNG on 13 November 1971, at the expiration of his term of service.  Entries on his NGB Form 22 (Report of Separation and Record of Service in the ARNG of MD and as a Reserve of the Army) do not show award of the AFEM or the CIB.  Item 24 (Decorations, Citations, Medal, Badges, Commendations, and Campaign Ribbons Awarded or Authorized) is annotated with, "None".  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance to friendly foreign nations.  The AFEM was awarded for service in the Dominican Republic from 28 April 1965 to 21 September 1966.  Qualifications for this award include the requirements to be a bona fide member of a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.  The regulation also provides that the AFEM may be awarded if the individual served the full period in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition regardless of the period of service; if the individual participates as a member of an aircraft flying in support of the operation; or if the individual is recommended (or attached to a unit recommended) for award of the medal if the above criteria have not been met.  The designated military operations and dates of eligibility for this award are specified in Army Regulation 600-8-22.

13.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant meets the criteria for award of the AFEM.  Evidence shows the applicant served in the Dominican Republic from 3 May to 9 May 1965.  Therefore, he is entitled to award of the AFEM and to have this award added to his 1965 DD Form 214.

2.  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.

3.  The evidence shows the applicant served in MOS 311, in a Signal Battalion, while he was on active duty in 1965.  His records do not show he served in an infantry MOS and an infantry unit in the Dominican Republic.  Notwithstanding the letter advising his mother of his short tour of duty in the Dominican Republic, 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 in the Dominican Republic.  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.  

4.  Based on the available evidence, the applicant is not entitled to award of the Combat Infantryman Badge and to have it added to his 1965 DD Form 214.

5.  Records show the applicant should have discovered the alleged error or injustice now under consideration on 5 August 1965, the date of his separation from active duty; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 4 August 1968.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____A___  __JLP __  __EM____  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 by awarding the applicant the Armed Forces Expeditionary Medal and adding this award to his 1965 DD Form 214.



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 award of the Combat Infantryman Badge.  




      _ ____
                CHAIRPERSON




INDEX

CASE ID
AR20060009524
SUFFIX

RECON

DATE BOARDED
20070206
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY

DISCHARGE REASON

BOARD DECISION
GRANT PARTIAL
REVIEW AUTHORITY

ISSUES         1.
107.72
2.
107.111
3.

4.

5.

6.



ABCMR Record of Proceedings (cont)                                         AR20060009524


6


DEPARTMENT OF THE ARMY
BOARD FOR CORRECTION OF MILITARY RECORDS
1901 SOUTH BELL STREET 2ND FLOOR
ARLINGTON, VA  22202-4508