IN THE CASE OF:	  

		BOARD DATE:	  22 February 2011

		DOCKET NUMBER:  AR20100021672 


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 the Combat Infantryman Badge (CIB) and his foreign service.

2.  The applicant states:

	a.  he served in the Dominican Republic and he participated in active ground combat from 28 April "1995" - "1 September 1966";

	b.  his DD Form 214 documents the Armed Forces Expeditionary Medal (AFEM) he received for his 5 months service in the Dominican Republic; and

	c.  he was an infantryman who was personally present and under hostile fire while assigned to an infantry unit, thereby confirming he fulfilled the requirements for the award of the CIB.

3.  The applicant provides a copy of his DD Form 214.

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 was inducted into the Army of the United States on 14 August 1963.  He was trained and served in military occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

3.  The applicant’s DA Form 24 (Service Record) shows he served in the Dominican Republic from 17 May to 27 July 1965 and that he was assigned to Headquarters and Headquarters Company, 2nd Battalion (Airborne), 504th Infantry Regiment at that time.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 does not show award of the CIB.

4.  The applicant's official military personnel file (OMPF) is void of any orders or documents that indicate he was ever recommended for or awarded the CIB while serving in the Dominican Republic or at any other time during his military service.

5.  On 13 August 1965, the applicant was honorably released from active duty (REFRAD) by reason of expiration term of service.  The DD Form 214 he was issued at that time shows he completed 2 years of total active service.  Item 24c (Foreign and/or Sea Service) show the entry “0  0  0,” indicating he performed no foreign service during the period covered by the DD Form 214.

6.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 shows the AFEM and the Parachutist Badge.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time. prescribe the separation documents that are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparing and distributing the
DD Form 214.  Chapter 2, states in pertinent part, for item 24c, enter the total amount of active service performed outside the continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater where the service was performed.


8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Chapter 8 contains guidance on badges and tabs of U.S. origin.  Paragraph 8-6 contains guidance on the CIB criteria and requires that the member was an infantryman satisfactorily performing infantry duties; that he was assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit was engaged in active ground combat; and that he was present with his qualifying infantry unit and actively participated in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s DA Form 24 confirms he completed 2 months and 11 days of foreign service in the Dominican Republic from 17 May to 27 July 1965.  Therefore, item 24c of his DD Form 214 should be corrected accordingly.

2.  The applicant indicates he completed 5 months of service in the Dominican Republic from 28 April - 1 September 1965.  However, the evidence of record confirms he performed his foreign service during the period 17 May to 27 July 1965.  His DD Form 214 further shows he was REFRAD on 13 August 1965. Therefore, this portion of his claim is not corroborated by the evidence of record and does not provide a basis upon which to grant this portion of his request.

3.  The evidence of record clearly shows he was awarded an infantryman MOS and he was assigned to an infantry unit of brigade, regimental, or smaller size while assigned in the Dominican Republic.  However, it does not sufficiently show that he ever engaged in active ground combat with his infantry unit.  Therefore, there is no basis for awarding the applicant the Combat Infantryman Badge.

4.  In view of the foregoing, the applicant's records should be corrected as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ____X___  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by deleting from item 24c of his DD Form 214 the entry "0  0  0" and replacing it with the entry "Dominican Republic - 00  02  11."

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to awarding the applicant the Combat Infantryman Badge and adding it to his DD Form 214.



      ____________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)                                         AR20100021672



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20100021672



4


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1