Search Decisions

Decision Text

ARMY | BCMR | CY2011 | 20110020649
Original file (20110020649.txt) Auto-classification: Denied

		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 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 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





3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110020649



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2008 | 20080018421

    Original file (20080018421.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). 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. 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...

  • ARMY | BCMR | CY2010 | 20100010481

    Original file (20100010481.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Members of the Armed Forces of the United States in Thailand, Laos, or Cambodia, or the airspace there over during the same period and serving in direct support of operations in Vietnam are also eligible for this award. In the absence of additional documentation that conclusively shows he arrived in and departed from Vietnam, there is insufficient evidence to support awarding him the Vietnam...

  • ARMY | BCMR | CY2010 | 20100012174

    Original file (20100012174.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). There is no evidence in the available record and he has not provided any evidence showing he was awarded or recommended for award of the Armed Forces Expeditionary Medal or the Good Conduct Medal. Lacking any derogatory information on file that would have disqualified him, it would be appropriate to award him the Army Good Conduct Medal for the period 13 November 1962 through 27 August 1965 and to...

  • ARMY | BCMR | CY2008 | 20080007366

    Original file (20080007366.txt) Auto-classification: Denied

    He continued by stating that he was and is proud of his country, and to have served during the Vietnam War, but that he did not know how to request the Combat Infantryman Badge even though he was sure that he qualified for this badge with his 3 years of infantry service. However, the applicant’s military records do not show that he was awarded the Combat Infantryman Badge. He continued by stating that he was and is proud of his country, and to have served during the Vietnam War, but that...

  • ARMY | BCMR | CY2011 | 20110003381

    Original file (20110003381.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of item 24c (Foreign and/or Sea Service) of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show his service in the Congo. A review of his record shows on two occasions he requested correction of his record to show award of the Armed Forces Expeditionary Medal (AFEM) based on his service in the Congo.

  • ARMY | BCMR | CY2009 | 20090004554

    Original file (20090004554.txt) Auto-classification: Denied

    The applicant requests, in effect, award of the Armed Forces Expeditionary Medal, the Cold War Victory Medal, and the Air Assault Ribbon, and their addition to his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge). Therefore, there is insufficient evidence on which to base an award of the Armed Forces Expeditionary Medal in this case and its addition to his DD Form 214. There is also no evidence of record and the applicant has provided none to show that he...

  • ARMY | BCMR | CY2014 | 20140003294

    Original file (20140003294.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). The Good Conduct Medal is awarded to individuals who distinguish themselves by his conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. At the time, this would have disqualified him for award of the Army Good Conduct Medal.

  • ARMY | BCMR | CY2002 | 2002069708C070402

    Original file (2002069708C070402.rtf) Auto-classification: Denied

    APPLICANT STATES : In effect, that his service in the Dominican Republic with the Headquarters Company, 2 nd Battalion, 505 th Infantry Regiment, 82 nd Airborne Division is not reflected on his DD Form 214. EVIDENCE OF RECORD : The applicant's military records show: The records currently available to the Board do not include the applicant's service medical records and the personnel records do not show any injuries sustained on active duty.

  • ARMY | BCMR | CY2008 | 20080003987

    Original file (20080003987.txt) Auto-classification: Denied

    The applicant requests award of the Combat Infantryman Badge and correction of his records to show his combat duty in the Dominican Republic. The evidence of record shows that the applicant was awarded the MOS 11B (Infantryman) and was assigned to an infantry unit of brigade, regimental or smaller size; however, the applicant has not provided sufficient evidence showing that he was directly involved in ground combat. In the absence of evidence that the applicant was an active participant...

  • ARMY | BCMR | CY2010 | 20100012185

    Original file (20100012185.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show: * he was awarded the Air Medal * his rank and pay grade as sergeant (E-5) * his Congo assignment 2. Army Regulation 600-8-22 states the Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who have served on active duty in support of the defense of the Republic of Korea. However, based on the available record...