IN THE CASE OF:	  

		BOARD DATE:	  19 August 2008

		DOCKET NUMBER:  AR20080003990 


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, in effect, that his record be corrected to document his foreign service and to show he received the Combat Infantryman Badge (CIB).   

2.  The applicant states, in effect, that he served with Company C, 2nd Battalion, 508th Infantry Regiment, 82nd Airborne Division, and was awarded the CIB.   

3.  The applicant provides photographs 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 that he enlisted in the Regular Army and entered active duty on 31 July 1964.  His Enlisted Qualification Record (DA Form 20) shows he was initially awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 26 November 1964, and was later reclassified into and awarded MOS 03B (Entertainment Specialist) on 22 March 1967.  

3.  Item 31 (Foreign Service) of the applicant's DA Form 20 is blank and Item 38 (Record of Assignments) shows that during his active duty tenure, he was assigned to the following posts during the periods indicated:  Fort Ord, California (6 August-28 November 1964); Fort Benning, Georgia (29 November 1964-13 January 1965); Fort Bragg, North Carolina (14 January-12 September 1965); and Fort McPherson, Georgia (13 September 1965-7 July 1967.  It also shows that from 8 July 1967 through the date of his separation, he was a patient at Walter Reed Army Medical Center (WRAMC), Washington D.C.  There are no overseas assignment locations documented in Item 38.  Item 38 shows that while assigned to Fort Bragg, the applicant served with Company C, 2nd Battalion, 
508th Infantry Regiment, performing duties in MOS 11B as a rifleman.  

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any overseas assignment orders or other documents indicating the applicant ever served overseas, and there is no record of combat service.  Further, the MPRJ contains no orders or other documents that indicate he was ever recommended for or awarded the CIB by proper authority.  

5.  On 23 January 1968, the applicant was honorably retired and placed on the Temporary Disability Retired List (TDRL), after completing 3 years, 5 months, and 23 days of active military service.  Item 22c (Foreign and or Sea Service) of the separation document (DD Form 214) he was issued at the time contains an entry indicating he completed no overseas service during his active duty tenure.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the National Defense Service Medal, Parachutist Badge, and Marksman Marksmanship Qualification Badge with Rifle Bar during his active duty tenure.  The CIB is not included in the list of awards contained in Item 24, and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his separation.  

6.  The applicant provides photographs that show him wearing the CIB on his uniform and that show the CIB displayed in his barracks room.  


7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on award of combat and special skill badges.  Paragraph 8-6 contains guidance on award of the CIB.  It states, in pertinent part, that in order to support award of the CIB, there must be evidence that the member held and served in an infantry MOS; that he served in an infantry unit of brigade, regimental, or smaller size; and that he was present and participated with his qualifying infantry unit while it was engaged in active ground combat with enemy forces.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he was awarded the CIB and that it should be added to his DD Form 214 was carefully considered.  However, there is insufficient evidence to support this claim.  By regulation, in order to support award of the CIB there must be evidence that the member held and served in an infantry MOS, in a qualifying infantry unit of brigade, regimental or smaller size, and that he was present and participated with his qualifying infantry unit while it was actively engaged in active ground combat with enemy forces.  

2.  The evidence of record in this case contains no documentary evidence that the applicant ever served overseas, or that he actively engaged in ground combat with a qualifying infantry unit during his active duty tenure, as evidenced by the absence of an entry in Item 31 of his DA Form 20, the lack of an entry in Item 38 indicating he served with a unit overseas, and the lack of any orders or other documents in his MPRJ that show he was ever assigned to an overseas and/or combat area.  

3.  Further, notwithstanding the photographs he submitted, even had he served overseas in a deployed or temporary duty (TDY) status in a combat area, there are no orders or other documents on file in his record that indicate he was ever recommended for or awarded the CIB by proper authority while serving on active duty.  

4.  Finally, the applicant's DD Form 214 documents no overseas service in Item 22c, the CIB is not included in the list of awards contained in Item 24, and the applicant authenticated this document with his signature on the date of his separation.  In effect, his signature was his verification that the information contained on the separation document, to include the Item 22c and Item 24 entries, was correct at the time the separation document was prepared and issued.  Therefore, absent any documentary evidence of record to confirm the applicant served overseas and/or in a combat area, or that he was ever awarded the CIB by proper authority during his active duty tenure, there is an insufficient evidentiary basis to support granting the requested relief. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x___  ___x____  ___x____  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.




      _______ x_   _______   ___
               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)                                         AR20080003990



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ABCMR Record of Proceedings (cont)                                         AR20080003990



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