BOARD DATE:	  15 April 2014

		DOCKET NUMBER:  AR20130014335 


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, in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show all of the awards and decorations he may be entitled to receive.  

2.  The applicant states he sent in a request more than 15 years ago and was assured the corrections would be made within 6 months.  Of particular interest are award of the Army Good Conduct Medal, Combat Medical and Combat Infantryman Badges, and the Expeditionary Forces Medal (known as the Armed Forces Expeditionary Medal).
 
3.  The applicant provides a self-authored statement and 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's military records are not available for review.  However, the applicant provides a copy of his DD Form 214 which is sufficient to conduct a fair and impartial review of his case.   

3.  The applicant enlisted in the Regular Army on 2 August 1962.  He was awarded military occupational specialty (MOS) 142.27 (Heavy and Very Heavy Field Artillery Crewman).  He was assigned to Battery C, 1st Battalion, 319th Artillery Regiment, Third U.S. Army.

4.  Item 24c (Foreign and/or Sea Service) shows he performed 1 year and 
13 days of foreign service in the Eighth U.S. Army area of operation.

5.  On 30 July 1965, he was honorably released from active duty.  The DD Form 214 he was issued at the time shows he received the Parachutist Badge and a Letter of Appreciation; however, it does not show award of the Combat Infantryman Badge, Combat Medical Badge, Army Good Conduct Medal, or the Armed Forces Expeditionary Medal.

6.  His DD Form 214 is void of evidence which shows he was awarded an infantry MOS.   

7.  A review of the Awards and Decorations Computer-Assisted Retrieval System, an index of general orders issued during the Vietnam era between   1965 and 1973 maintained by the Military Awards Branch of the U.S. Army Human Resources Command, failed to reveal any orders for the Combat Infantryman Badge or Combat Medical Badge.

8.  The applicant provides an undated self-authored statement in which he offers an explanation as to why he may be entitled to additional awards and why the awards were not issued.  He states:

   a.  In late April or early May 1965, while a member of Battery C, 1st Battalion, 319th Artillery, 82nd Airborne Division, his battery was transported to the Dominican Republic to serve as an infantry unit during the conflict in that country.  Prior to leaving Fort Bragg, NC, he was briefly trained and detailed to serve as a medic for the unit.  The unit remained in the Dominican Republic for about           30 days and returned to Fort Bragg, NC, in late May or early June 1965.

   b.  After returning, it was rumored the unit would receive the "Expeditionary Forces Medal" for their participation.  There was also the possibility of being awarded the Combat Infantryman Badge since they served as infantrymen.

   c.  His expiration term of service was in late July of the year and at that time no awards had been made to the unit.  He had been shown orders at the battery level for his Army Good Conduct Medal, but he did not officially receive the award.

   d.  During final out-processing, they were told it would be necessary to return to Division Personnel to correct any omissions on the DD Form 214, but since they were on the opposite side of a large post with no personal transportation, many of them decided to forgo the trip in the interest of time. 
   
9.  Army Regulation 600-8-22 (Military Awards) states:

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

   b.  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.  

	c.  The Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.

	d.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas 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.  Table 2-2 (Armed Forces Expeditionary Medal-Designated U.S. Military Operations) shows his unit received campaign participation credit for Operation Power Pack in the Dominican Republic in 1965 and as a result he was awarded the Armed Forces Expeditionary Medal.
 
	e.  The National Defense Service Medal is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request to correct his DD Form 214 to show all of the awards and decorations he may be entitled to receive has been carefully examined; however, there is insufficient evidence to support the majority of his contentions.  

2.  At the time the applicant served, to be awarded the Army Good Conduct Medal a Soldier must have had all "excellent" conduct and efficiency ratings.  There is insufficient evidence in his record and he has not provided sufficient evidence to support award of the Army Good Conduct Medal.  Therefore, he is currently not eligible for award of the Army Good Conduct Medal.  

3.  There is insufficient evidence to show he performed anything other than the duties of an artillery crewman throughout his service.  Furthermore, there is insufficient evidence to show he was ever assigned to an infantry unit during his service.  By regulation, in order to support award of the Combat Infantryman Badge, a member must have been awarded and served in an infantry MOS while assigned to an infantry unit while it was engaged in active ground combat with enemy forces.  There is insufficient evidence to show he meets any of the criteria for eligibility for award of the Combat Infantryman Badge.

4.  Despite the applicant's contention that he was trained and detailed as a medic, the evidence shows the applicant served as an artillery crewman.  In addition, there is no evidence that shows the applicant was assigned or attached to a medical unit of company or smaller size that was organic to an infantry unit of brigade, regimental, or smaller size which was engaged in active ground combat and that he was personally present and under fire during such ground combat.  Therefore, he is not entitled to award of the Combat Medical Badge.

5.  With respect to the Armed Forces Expeditionary Medal, the available evidence shows the applicant served on active duty from 2 August 1962 to 
30 July 1965, of which 1 year and 13 days was foreign service.  The applicant claims that in late April or early May 1965 while serving as a member of Battery C, 1st Battalion, 319th Artillery, his battery was transported to the Dominican Republic to serve as an infantry unit during the conflict in that country.  Based on his assignment to a qualifying unit during its period of eligibility for award of the Armed Forces Expeditionary Medal, it is reasonable to presume the applicant was eligible for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

6.  In addition, the evidence shows he served honorably on active duty during a period of eligibility for the National Defense Service Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

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 adding the Armed Forces Expeditionary Medal and the National Defense Service Medal to his DD Form 214.

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 award of the Army Good Conduct Medal, Combat Infantryman Badge, and the Combat Medical Badge.  



      _______ _  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)                                         AR20130014335



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ABCMR Record of Proceedings (cont)                                         AR20130014335



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