BOARD DATE: 18 January 2012
DOCKET NUMBER: AR20110013850
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 records to show award of the Combat Infantryman Badge (CIB) for his service in the Dominican Republic.
2. The applicant states that he was assigned to Company B, 2d Battalion,
508th Infantry, 82d Airborne Division, in the Dominican Republic for 11 months and 6 days. During the entire period, his unit was exposed to hostile fire on an ongoing basis and sustained both killed in action and missing in action casualties. Their commanders informed them that their unit had been awarded Combat Infantryman Badges. The badges were sewn on to their uniforms. He believes that due to a paperwork lag the award was left off his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
3. The applicant provides copies of:
* his DD From 214
* Honorable Discharge Certificate
* Certificate of Baptism, dated 28 November 1965
* photo of him wearing the CIB
* military occupational specialty (MOS) orders, dated 27 February 1965
* reassignment orders, dated 6 April 1966
* the history of 2d Battalion (Airborne), 508th Infantry in the Dominican Republic
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 applicants 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 applicants 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 31 May 1963. He completed training, to include parachute training, and he was awarded MOS 111.07 (Light Weapons Infantryman).
3. His DA Form 20 (Enlisted Qualification Record) shows in item 38 (Record of Assignments) shows he was assigned to the following units on:
a. 23 November 1963, he was assigned to Company E, 1st Battalion, 187th Infantry, Fort Bragg, NC, as a Rifleman and Ammo Bearer in MOS 111.07 and 112.07.
b. 25 May 1964, he was assigned to Company B, 2d Battalion, 508th Infantry, Fort Bragg, NC, as an Ammo Bearer and Gunner in MOS 112.07 and 111.17.
c. 15 October 1964, Company B, 2d Battalion (Airborne), 508th Infantry, Fort Bragg, NC, as a Gunner, in MOS 111.17.
d. 18 November 1964, he was assigned to Company B, 2d Battalion, 508th Infantry, Fort Bragg, NC, as a Communications Chief in MOS 31F4P.
e. 3 May 1965, he was assigned to Company B, 2d Battalion, 508th Infantry, Dominican Republic, as a Communications Chief in MOS 31F4P until 20 April 1966 when he was returned to the United States. for separation processing.
4. Item 22 (MOS's) of his DA Form 20 shows his Primary MOS as Infantry Communications Specialist, MOS 31F, effective 27 February 1965, and his Secondary MOS is listed as Infantry Indirect Fire Crewman MOS 11C, effective 24 November 1964.
5. Item 41 (Awards and Decorations) does not list the Combat Infantryman Badge.
6. On 21 April 1966, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining Reserve obligation.
7. There is no evidence in the available record that the applicant was awarded the CIB.
8. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. 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. The CIB is authorized for award for the qualifying wars, conflicts, and operations, including the Dominican Republic from 28 April 1965 to 1 September 1966.
DISCUSSION AND CONCLUSIONS:
Unfortunately, while it is clear the applicant served in the Dominican Republic with an infantry unit there are no orders available showing he was awarded the CIB. In addition, his DD Form 20 shows he performed duties there in his primary MOS of 31F, not infantry duties. Therefore, the evidence is insufficient to correct his record to show this badge.
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) AR20110000851
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ABCMR Record of Proceedings (cont) AR20110013850
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