RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070004994


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 (CIB).

2.  The applicant states, in effect, that he is entitled to the CIB based
on his service in the Dominican Republic.

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he enlisted in the Regular Army and
entered active duty on 20 May 1965.  He was trained in and awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Dominican Republic from 22 October 1965 through 5 August
1966.  Item 33 (Appointments and Reductions) shows he was promoted to
specialist four on 18 November 1966, and that this is the highest rank he
attained while serving on active duty.  It also shows that he was reduced
to private first class (PFC) on 23 February 1967 and to private/E-1 (PV1)
on 19 October 1967, and that he was advanced back to PFC in 1968.

4.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his tour in the Dominican Republic, he was assigned to Company
B,
2nd Battalion, 504th Infantry Regiment, performing duties in MOS 11B as a
gunner.
5.  Item 41 (Awards and Decorations) shows that during his active duty
tenure, he earned the National Defense Service Medal (NDSM), Armed Forces
Expeditionary Medal-Dominican Republic, and Parachutist Badge.  Item 41
contains a CIB entry that was deleted by being lined through.

6.  The applicant's Military Records Jacket (MPRJ) contains no order or
other documents that indicate he was ever awarded the CIB while serving on
active duty.

7.  On 13 June 1968, the applicant was honorably separated after completing
3 years of creditable active military service and accruing 25 days of time
lost due to two separate periods of confinement.  Item 24 (Decorations,
Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) of the DD Form 214 he was issued at the time shows he earned
the following awards during his active duty tenure:  NDSM; AFEM-Dominican
Republic; and Parachutist Badge.  The CIB is not included in the list of
awards in Item 24 and the applicant authenticated the separation document
with his signature in
Item 32 (Signature of Person Being Transferred or Discharged) on the date
of his separation.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 prescribes the
criteria for award of the CIB.  It states, in pertinent part, that there
are basically three requirements for award of the CIB.  The Soldier must be
an infantryman satisfactorily performing infantry duties; must be assigned
to an infantry unit during such time as the unit is engaged in active
ground combat; and must actively participate in such ground combat.

9.  The awards regulation stipulates, in pertinent part, that a CIB
recipient must be personally present and under hostile fire while serving
in an assigned infantry duty, in a unit actively engaged in ground combat
with the enemy.  The unit in question can be of any size smaller than
brigade. For example, personnel possessing an infantry MOS in a rifle squad
of a cavalry platoon in a cavalry troop would be eligible for award of the
CIB.  Battle or campaign participation credit alone is not sufficient; the
unit must have been in active ground combat with the enemy during the
period.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB based on his
service in the Dominican Republic was carefully considered; however, by
regulation, in order to qualify for award of the CIB, a member must not
only be an infantryman serving in a qualifying infantry unit, there must be
evidence that the member was personally present and under hostile fire
while serving in an assigned infantry duty, in a unit actively engaged in
ground combat with the enemy.  Service in a combat zone or battle or
campaign participation credit alone are not sufficient to satisfy the
regulatory criteria for award of the CIB.

2.  Although the evidence of record confirms the applicant's service in the
Dominican Republic in a qualifying infantry MOS and infantry unit, it does
not contain documentary evidence that verifies that the applicant was
personally present and participated while his unit was actively engaged in
ground combat with the enemy.  Further, the CIB entry in Item 41 was
deleted by being lined through, which would indicate he did not meet the
criteria necessary to receive the CIB while serving in the Dominican
Republic.

3.  The applicant's MPRJ is void of any orders or other documents that
indicate he was ever awarded the CIB by proper authority while serving on
active duty, and it is not included in the list of awards contained on his
DD Form 214, which he authenticated with his signature on the date of his
separation.  In effect, his signature was his verification that the
information contained on the DD Form 214, to include the list of awards,
was correct at the time the separation document was prepared and issued.

4.  Absent evidence of the applicant's personal participation in ground
combat with his unit while it was engaged with the enemy, or that shows he
was awarded the CIB by proper authority while serving on active duty, the
regulatory burden of proof necessary to support award of the CIB has not
been satisfied in this case.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS _  __FCJ  __  __CD ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  _____Linda D. Simmons___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004994                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/06/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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