IN THE CASE OF:	  

		BOARD DATE:	       24 FEBRUARY 2009

		DOCKET NUMBER:  AR20080018421 


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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his foreign service in the Belgium Congo.  He also requests awards to which he is entitled for this foreign service.  

2.  The applicant states that his DD Form 214 does not reflect his service time in the Belgium Congo from late 1964 to early 1965.  

3.  The applicant provides a supplemental letter, dated 20 October 2008; Evidence from Records of Company C, 2nd Battalion, 9th Infantry, 2nd Infantry Division at Fort Benning, GA; and photos of his barracks 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 enlisted in the Regular Army on 20 November 1963 for a period of three years.  At the completion of basic combat training and advanced individual training, he was awarded military occupational specialty 11B (light weapons infantryman).  He later completed basic airborne training at Fort Benning, GA.  His highest grade attained was sergeant, E-5.  

3.  Block 31 (Foreign Service) of his DA Form 20 (Enlisted Qualification Record) shows he served in the U.S. Army Pacific (Korea) from on or about 11 May 1965 to on or about 4 February 1966.

4.  His DD Form 214 shows the Expert Infantryman Badge and the National Defense Service Medal as authorized awards.  

5.  The applicant was honorably released from active duty on 7 September 1966 under the provisions of Army Regulation 635-200 by reason of early separation of overseas returnees.  He completed 2 years, 9 months, and 19 days of active military service.  

6.  Item 24c (Foreign and/or Sea Service) on his DD Form 214 shows he completed 1 year, 3 months, and 24 days of foreign service.  

7.  The applicant provided statements in support of his claim.  He stated that he was assigned to a Joint Task Force/Co-Mission in the fall of 1964 through March 1965.  This joint task force was made up of a small element of the 2nd Infantry, 151st commando Mercenary Group, a Belgium Commando Unit, Central Intelligence Agency (CIA), the American Special Forces, the SAC [acronym unknown] Air Force, and the ANC [acronym unknown] Congolese Military.  He and the joint task force were classified as a peace-keeping mission which covered a broad range of activity.  He continued by stating that they were sent in 12-man teams and flew missions in all parts of the Belgium Congo.  He further stated that he left the Belgium Congo and returned to Fort Benning, GA in March 1965.  He has attempted to get information of the mission online, but he only received a message that the information was unavailable.  He does not know if the information was declassified.  He also stated that his military pay records should indicate temporary duty (TDY), combat, and other pay.  He referenced a book entitled The Troubled Heart of Africa, which gives credibility to his presence in the Belgium Congo.  Ten days after he returned from Africa, he received 

transfer orders for Korea.  The joint task force succeeded in taking back a whole country from a very dangerous regime of rebels in a very short time.  It was total success and should be recognized as such.  

8.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In the version in effect at the time, it directed that total active duty outside the continental limits of the United States performed during the period covered by the DD Form 214 would be entered in item 24c.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 does not reflect his service in the Belgium Congo from late 1964 to early 1965.  However, there is no evidence of record which confirms he served in the Belgium Congo.  

2.  The applicant's Enlisted Qualification Record shows he served in Korea from on or about 11 May 1965 to on or about 4 February 1966 and this period of foreign service is properly reflected in item 24c of his DD Form 214.  

3.  There is no evidence of record which verifies the applicant served in the Belgium Congo other than his self-authored statements,  Therefore, there is insufficient evidence on which to base correction of his records show foreign service in the Belgium Congo or to award him awards for this foreign service.  

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.




      _______ _  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)                                         AR20080018421





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ABCMR Record of Proceedings (cont)                                         AR20080018421



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