IN THE CASE OF:	  

		BOARD DATE:	        31 July 2008

		DOCKET NUMBER:  AR20080003987 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Infantryman Badge and correction of his records to show his combat duty in the Dominican Republic.  

2.  The applicant states, in effect, that he served in an infantry unit during its combat service in the Dominican Republic, which is not shown on his records as foreign service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 28 July 1967; various photographs of buildings, statues, and people; and an extract, from a book titled “Power-Pack,” pertaining to the 1st Battalion, 508th Infantry Regiment (Airborne), 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 records show that he enlisted in the Regular Army for a period of 3 years on 31 July 1964.  He completed basic combat and advanced individual training and was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantry) on 26 November 1964, and was later awarded MOS 03B (Entertainment Specialist) on 22 March 1967.  The highest grade he attained during his military service was specialist five (SP5)/E-5 (Temporary).  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 28 July 1967.

3.  The applicant’s records show that he was assigned to Company C, 2nd Battalion, 508th Infantry Regiment (Airborne), Fort Bragg, North Carolina, as a rifleman, from 14 January 1965 to 12 September 1965, and to U.S. Army Garrison, Fort McPherson, Georgia, as a recreation specialist from 13 September 1965 to 28 July 1967.   

4.  Item 22c (Foreign and/or Sea Service of the applicant's DD Form 214 shows the entry "0  0  0," indicating that he did not complete any period of foreign service.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 and Item 5 of the DD Form 215 (Correction to the DD Form 214) show he was awarded the Sharpshooter Marksmanship Qualification Badge with Rifle Bar, the National Defense Service Medal, the Armed Forces Expeditionary Medal, the Good Conduct Medal (1st Award), and the Parachutist Badge.  Item 24 does not show award of Combat Infantryman Badge.  

6.  The applicant’s records do not contain orders awarding him the Combat Infantryman Badge.

7.  On 17 June 1965, the applicant accepted nonjudicial punishment under the provision of Article 15 of the Uniform Code of Military Justice (UCMJ) for failing to go at the time prescribed to his appointed place of duty, 0525 hours Reveille formation at Fort Bragg, North Carolina.  

8.  The applicant submitted various photographs of buildings, statues, and people, containing handwritten notes of who took the pictures.

9.  The applicant also submitted an extract from a book titled “Power-Pack” that describes the 1st Battalion, 508th Infantry Regiment’s (Airborne) involvement in the Dominican Republic, from 30 April 1965 to 19 June 1965.  

10.  Army Regulation 600-8-22 (Military Awards) 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 military occupational specialty (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.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form should be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training.  It is prepared for all personnel at the time of their retirement, discharge, or release from active duty.  Item 22c of the version in effect at the time, showed the total active duty outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed (e.g. Foreign and/or Seas Service USAREUR or USARV).  

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  The Dominican Republic is listed as a designated military operation from 28 April 1965 to 1 September 1966.

DISCUSSION AND CONCLUSIONS:

1.  With respect to the applicant's overseas service, there is no clear indication in the applicant's records of his dates of service and/or duration of his overseas service.  The evidence of record shows that:

	a.   the applicant was awarded the Armed Forces Expeditionary Medal (AFEM).  The AFEM was authorized for service in the Dominican Republic from 28 April 1965 to 21 September 1966.  This suggests that he served at least 30 consecutive days (or 60 non-consecutive days) in the Dominican Republic;

	b.  the applicant's records show he was assigned to the 2nd Battalion, 508th Infantry, not the 1st Battalion, 508th Infantry.  The 1st Battalion is credited as the first combat unit to set foot on the Dominican Republic on 28 April 1965; and 

	c.  the applicant was on Fort Bragg, North Carolina, on 17 June 1965, as evidenced by his acceptance of an Article 15 for missing formation on that day.

Therefore, in the absence of a clear indication of the exact or even approximate dates of service in the Dominican Republic, there is insufficient evidence to correct the applicant's overseas service. 

2.  With respect to award of the Combat Infantryman Badge, the applicant's contention that he is entitled to this award was carefully considered and determined to be without merit.  The evidence of record shows that the applicant was awarded the MOS 11B (Infantryman) and was assigned to an infantry unit of brigade, regimental or smaller size; however, the applicant has not provided sufficient evidence showing that he was directly involved in ground combat.  In the absence of evidence that the applicant was an active participant in combat while assigned to an infantry unit, there is insufficient evidence upon which to base award of the Combat Infantryman Badge in this case.

3.  In order to justify correction of a military record, the applicant must show, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has did not submit evidence that would satisfy this requirement.  Therefore, he is not entitled to relief.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


																XXX
      _______________________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080003987



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ABCMR Record of Proceedings (cont)                                         AR20080003987



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