DOCKET NUMBER:  AR20090001513 


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 reconsideration of his earlier request for correction of his records to show his foreign service in the Dominican Republic in 1965, award of the Expert and Combat Infantryman Badges, and compensation for temporary duty, foreign pay, and combat pay.  

2.  The applicant states that his unit was alerted and sent to the Dominican Republic around 3 May 1965 to about 15 June 1965 in support of Operation Power Pac and that his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) has yet to be corrected to show this period of foreign service.  He adds that he returned home early due to his upcoming separation date.  

3.  The applicant provides two statements of support, dated 6 March 2009 and 13 March 2009. 

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20080008740, on 19 August 2008.



2.  The applicant submitted two statements of support from two retired command sergeants major (CSMs), which were not previously reviewed by the ABCMR; therefore, they are considered new evidence and as such warrant consideration by the Board.

3.  The applicant's records show he enlisted in the Regular Army for a period of 3 years on 20 June 1962.  He completed basic combat and advanced individual training and was awarded military occupational specialty 112.67 (Heavy Weapons Infantryman).  He was assigned to the 2nd Battalion, 504th Infantry Regiment, Fort Bragg, NC.

4.  On 27 March 1964, the applicant was transferred to Fort Jackson, SC, where he completed the 8-week Personnel Administration Specialist Course.  He subsequently returned to Fort Bragg, NC, and was assigned as a personnel clerk on 11 September 1964.  However, on 3 November 1964, he was assigned as a gunner and on 20 November 1964, he was promoted to sergeant/E-5.  He was then assigned as the supply specialist on 11 December 1964.

5.  During the period from 30 April 1965 and 3 May 1965, two battalions of the 504th Infantry deployed to the Dominican Republic on a humanitarian mission.  However, there is no indication in the applicant’s records that he deployed with his unit as his records show he conducted two administrative parachute jumps at Fort Bragg, NC, on 13 May 1965 and 21 May 1965.  Furthermore, his records show he turned in his field gear and/or individual equipment to the Central Issue Facility (CIF) on 28 May 1965.

6.  The applicant’s records further show he was honorably separated on 18 June 1965 and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his military service obligations.  

7.  Item 24c (Foreign and/or Sea Service) of his DD Form 214 does not show completion of any foreign service.

8.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the Parachutist Badge.  Item 26 does not show awards of the Expert or the Combat Infantryman Badge.

9.  On 19 August 2009, the ABCMR granted the applicant partial relief in the form of award of the National Defense Service Medal, the Good Conduct Medal (1st Award), and various marksmanship badges.

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

11.  In a statement, dated 6 March 2009, a retired CSM states that he served with the applicant during basic training, advanced training, and parachutist training.  He also states that he deployed with the applicant to the Dominican Republic in April 1965 and although they were assigned to different companies, he remembers talking to him at least once during the deployment.  He concludes that the unit returned to Fort Bragg in June 1965.

12.  In a statement, dated 13 March 2009, another retired CSM states that he is surprised that the applicant’s DD Form 214 does not mention his service in the Dominican Republic or his award of the Combat Infantryman Badge.  He adds that he and the applicant served in the 504th Infantry together and that in the spring of 1965, the unit was sent to the Dominican Republic and spent about two to three months patrolling and maintaining order in the capital.  He also adds he remembers the applicant delivering supplies to the unit.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and procedures for awards.  In pertinent part, paragraph 8-8 provides for award of the Expert Infantryman Badge.  Award of the Expert Infantryman Badge requires that an individual must have satisfactorily completed the prescribed proficiency tests while assigned or attached to an infantry unit of at least battalion size.  To be eligible for testing and award of the Expert Infantryman Badge, a Soldier must be in an active Army status and must have an infantry or Special Forces specialty.  The Expert Infantryman Badge must be announced/authorized in Special Orders.

14.  Army Regulation 600-8-22 prescribes Army policy and procedures concerning awards.  Paragraph 8-6 provides for award of the Combat Infantryman Badge.  That paragraph states that there are basically three requirements for award of the Combat Infantryman Badge.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Specific requirements state, in effect, that an Army enlisted Soldier must have an infantry or special forces specialty, satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat.  

15.  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 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 and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   Chapter 2 contains guidance on the preparation of the DD Form 214.  It states, in pertinent part, that the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 24c and is obtained from the Soldier’s records.   

16.  Title 31 U. S. Code (USC), section 3702, also known as the barring statute, prohibits the payment of a claim against the Government unless the claim has been received by the Comptroller General within 6 years after the claim accrues. Among the important public policy considerations behind statutes of limitations, including the 6-year limitation for filing claims contained in this section of Title 31, U. S. Code, is relieving the government of the need to retain, access, and review old records for the purpose of settling stale claims, which are often difficult to prove or disprove.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his foreign service and awards should be shown on his DD Form 214 and that he should be compensated for temporary duty, foreign pay, and combat pay.  

2.  With respect to the applicant’s period of foreign service, the evidence of record shows that while members of the 504th Infantry, including the two retired CSMs, may have deployed in late April and early May 1965 to the Dominican Republic, the applicant appears to have remained on Fort Bragg, NC, and conducted two administrative parachute jumps at Fort Bragg, NC, on 13 May 1965 and 21 May 1965.  Furthermore, his records show he turned in his field gear and/or individual equipment to the CIF at Fort Bragg on 28 May 1965.  

3.  Notwithstanding the statements submitted by the two retired CSMs, there is insufficient documentary evidence that shows the applicant completed this period of foreign service.  In the absence of additional documentary evidence such as a completed travel voucher, certificate of achievement/service, award, Leave and Earning Statement, or any other documentary evidence that shows he completed this period of foreign service, there is insufficient evidence to grant the applicant relief in this case.  

4.  With respect to awards of the Expert and/or the Combat Infantryman Badge, there is no evidence in the available record and the applicant did not provide any evidence that shows he met the criteria for and was issued orders awarded him either award.  Even if he were to substantiate his deployment to the Dominican Republic, he could not have earned the Combat Infantryman Badge as the statement of support by a former CSM he provided states that he performed duties of a supply specialist. 

5.  With respect to the alleged entitlement to unpaid pay and allowances, irrespective of the Barring Act, a service member claiming additional pay and allowances previously accrued but not paid, has the burden of proving that he/she was not paid the pay and allowances claimed.  The claim is disallowed where government records necessary to either justify or refute it have been destroyed or become unavailable due to lapse of time, and there is no other documentation available from any source to establish the liability of the United States.  The applicant has failed to submit any evidence that shows he was entitled to such pay but was not paid.  

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 to amend the decision of the ABCMR set forth in Docket Number AR20080008740, dated 19 August 2008.



      _______ _   __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)                                         AR20090001513



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ABCMR Record of Proceedings (cont)                                         AR20090001513



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