IN THE CASE OF:	  

		BOARD DATE:	  22 January 2015

		DOCKET NUMBER:  AR20140008886 


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:

	a.  his duty assignment/service in Southeast Asia and

	b.  award of the Combat Infantryman Badge (CIB) and Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states:

	a.  When he was in the Army he was in Southeast Asia for a few months in 1962.  His unit's service in Southeast Asia in 1962 was listed as covert and classified as Top Secret.

	b.  He discovered he was eligible for award of the AFEM according to published guidelines.  The military has the lists of all the units sent to Thailand, names of all members, and their dates of service.  They know what went on in Thailand, Burma, and Laos in 1962.

3.  The applicant provides:

* DD Form 214
* documentation pertaining to movement of U.S. troops and equipment into Thailand in 1962

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 enlisted in the Regular Army on 23 June 1961 for 3 years.  He completed his training and was awarded military occupational specialty (MOS) 112.20 (heavy weapons infantryman).  His DA Form 24 (Service Record) shows he served in MOS 112.20 in:

* Hawaii from 7 June 1962 to 30 August 1962
* Thailand while assigned to Company E, 1st Battalion, 35th Infantry Regiment, from 1 September 1962 to 28 November 1962
* Hawaii from 28 November 1962 to 11 June 1964

3.  On 11 June 1964, he was honorably released from active duty.

4.  His DD Form 214 shows he was awarded or authorized the:

* Expert Marksmanship Qualification Badge with Mortar Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
* First Class Gunner (currently known as Sharpshooter) Marksmanship Qualification Badge with Machine Gun Bar

5.  Item 12 (Last Duty Assignment and Major Command) of his DD Form 214 shows his last duty assignment and major command as Headquarters and Headquarters Company, 1st Battalion, 35th Infantry Regiment, U.S. Army Hawaii.

6.  There are no orders for the CIB in the available records.

7.  Section 9 (Medals, Decorations, and Citations) of his DA Form 24 does not show authorization for the CIB or AFEM.

8.  Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes service in Thailand from 29 March to 15 August 1973.

9.  Army Regulation 600-8-22 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.

10.  Army Regulation 635-5 (Separation Documents), in effect at the time, established the policies and procedures for completion and distribution of the DD Form 214.  There is no provision to enter any duty assignment on the DD Form 214 other than the unit of assignment upon separation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his DD Form 214 to show his duty assignment/service in Southeast Asia.  Since there is no provision to show duty assignments on the DD Form 214 other than the last duty assignment, there is no basis for granting the requested relief.

2.  The governing regulation for award of the CIB clearly establishes that the CIB may be awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size.

3.  The evidence shows the applicant held and served in an infantry MOS while assigned to an infantry company in Thailand.  However, there is no evidence of record which shows he served in active ground combat while assigned as a member of an infantry unit of brigade, regimental, or smaller size.  As a result, there is insufficient evidence on which to base award of the CIB.

4.  The applicant contends he is eligible for award of the AFEM for his service in Thailand.  However, there is no evidence of record and he provided no evidence which shows he served in Thailand during the qualifying period (29 March to 15 August 1973).  Therefore, there is insufficient evidence on which to base award of the AFEM.



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 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)                                         AR20140008886



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ABCMR Record of Proceedings (cont)                                         AR20140008886



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