IN THE CASE OF:
BOARD DATE: 17 April 2012
DOCKET NUMBER: AR20110020649
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 and Armed Forces Expeditionary Medal, entitlement to hazardous duty pay, and recognition for service in Bukavu, Stanlyville, and Albertville, Congo and other combat zones in July - August 1965.
2. The applicant states he flew covert operations and was the right wing guard for resupply and evacuation of mercenaries. He was required to wear civilian cloths and flew in an unmarked C-130.
3. The applicant provides copy of his DD Form 214 (Report of Transfer or Discharge).
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 served on active duty in the Regular Army from 13 June 1963 through 17 September 1965 in the military occupational specialty 11B (Light Weapons Infantryman).
3. He is shown to have served in Korea from 7 October 1963 through 12 October 1964 with the remainder of his service at Fort Benning, Georgia.
4. The applicant was found guilty by special court-martial of AWOL (absence without leave) on 14 November 1962 and 8 July 1963.
5. The applicant received nonjudicial punishment under Article 15, Uniform Code of Military Justice, on seven occasions between 17 December 1963 and 10 August 1965.
6. The applicant was released from active duty with 3 years and 1 day of creditable service with 97 days of lost time.
7. In 1992 the applicant requested a correction to his record to show 90 days service in the Congo in 1964. The record does not include any type of response to this request.
8. Army Regulation 600-8-22 (Military Awards) provides the following:
a. the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations, and
b. there are basically three requirements for award of the Combat Infantryman Badge. The enlisted Soldier must have an infantry specialty, he must be satisfactorily performing infantry duties while assigned or attached to an infantry unit of brigade, regimental, or smaller size during any period such unit was engaged in active ground combat, and he must be personally present and under hostile fire while serving in that unit.
DISCUSSION AND CONCLUSIONS:
1. There are no officially designated U.S. military operations in the Congo in 1965.
2. The record does not contain and the applicant has provided no evidence that he engaged in any covert operations or that he was assigned to any infantry unit that engaged in active ground combat.
3. The record does not contain and the applicant has provided no evidence that he served overseas in any capacity other than is tour in Korea.
4. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.
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) AR20110020649
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ABCMR Record of Proceedings (cont) AR20110020649
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