RECORD OF PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            2 December 2003   
	DOCKET NUMBER:   AR2003090492

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mrs. Nancy L. Amos		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Mr. Melvin H. Meyer		Member	
	Mr. Patrick H. McGann		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that he be awarded the Purple Heart and the Combat Infantryman Badge.

2.  The applicant states that he was riding shot-gun in a jeep in the Dominican Republic when it was overturned.  He was sent to the hospital.

3.  The applicant provides no supporting evidence.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE: 

1.  Counsel requests that all evidence be obtained and reviewed before a final determination is made.

2.  Counsel states that any reasonable doubt should be resolved in the applicant's favor.

3.  Counsel provides no supporting evidence.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of an error which occurred on             26 October 1965.  The application submitted in this case is dated 29 March 2003.

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 25 October 1962.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 11C (Infantry Indirect Fire Crewman).  He completed basic airborne training.  

4.  The applicant was assigned to Fort Bragg, NC in April 1963.  On 24 May 1964, he was assigned to Headquarters and Headquarters Company, 3d Battalion, 325th Infantry, Fort Bragg, NC as a radio and telegraph operator.  

5.  The applicant was on temporary duty in the Dominican Republic from 1 May 1965 through 12 October 1965.  Item 40 (Wounds) of his DA Form 20 (Enlisted Qualification Record) does not indicate that he was wounded in action.  

6.  A DD Form 261 (Report of Investigation Line of Duty and Misconduct Status) dated 6 May 1965 and signed by the reviewing authority on 28 May 1965 shows that the applicant was involved in an automobile accident the previous December [1964] in which he suffered head injuries.

7.  On 26 October 1965, the applicant was released from active duty.  His        DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending 26 October 1965 shows he was awarded the Parachutist Badge and the Armed Forces Expeditionary Medal.

8.  The applicant had subsequent service in the Regular Army from 5 September 1968 through 5 March 1970.  His DD Form 214 for the period ending 5 March 1970 shows that he was awarded no awards and decorations. 

9.  Army Regulation 600-8-22 (Military Awards) provides policy and criteria concerning individual military decorations.  It provides for award of the Purple Heart to any member of an Armed Force who has been wounded or killed in any action against an enemy of the United States.  The wound must have required treatment by a medical officer and records of medical treatment for wounds or injuries received in action must have been made a matter of official record.  When contemplating an award of the Purple Heart, the key issue that commanders must take into consideration is the degree to which the enemy caused the injury.  The fact that the proposed recipient was participating in direct or indirect combat operations is a necessary prerequisite, but is not sole justification for award.

10.  Army Regulation 600-8-22 provides for the award of the Combat Infantryman Badge to a soldier who is an infantryman satisfactorily performing infantry duties, who is assigned to an infantry unit during such time as the unit is engaged in active ground combat, and must actively participate in such ground combat.  It is authorized for service in the Dominican Republic for service from 18 April 1965 to 21 September 1966 for soldiers who have met the basic criteria.

11.  Army Regulation 600-8-2 provides for award of the National Defense Service Medal for honorable active service for any period between 27 June 1950 and    27 July 1954, both dates inclusive, between 1 January 1961 and 24 August 1974, both dates inclusive, between 2 August 1990 and 30 November 1995, both dates inclusive, and between 11 September 2001 to a date to be determined.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served in the Dominican Republic during a qualifying period for award of the Combat Infantryman Badge.  However, the evidence of record shows that he served as a radio and telegraph operator, not as an infantryman, during that time.  There is no evidence to show he actively participated in ground combat.

2.  There is no evidence of record to show the applicant was injured as a result of hostile action while serving in the Dominican Republic.  

3.  Records show the applicant should have discovered the error or injustice now under consideration on 26 October 1965; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 26 October 1968.  However, the applicant did not file within the 3-year statute of limitations and has not provided a compelling explanation or evidence to show that it would be in the interest of justice to excuse failure to file in this case.

4.  Evidence shows that the applicant’s records contain administrative errors which do not require action by the Board.  Therefore, administrative correction of the applicant's records will be accomplished by the Army Review Boards Agency (ARBA) Support Division, St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__fne        __mhm___  __phm___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented and the merits of this case are insufficient to warrant the relief requested, and therefore, it would not be in the interest of justice to excuse the applicant's failure to timely file this application within the 3-year statute of limitations prescribed by law.  

2.  The Board determined that administrative errors in the record of the individual concerned should be corrected.  Therefore, the Board requests that the ARBA Support Division-St. Louis administratively correct the DD Forms 214 for the period ending 26 October 1965 and 5 March 1970 of the individual concerned to show he was awarded the Parachutist Badge, the Armed Forces Expeditionary Medal, and the National Defense Service Medal.

		___Fred N. Eichorn____
		        CHAIRPERSON

INDEX

CASE ID	AR2003090497	
SUFFIX		
RECON		
DATE BOARDED	20031202	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY	Mr. Chun	
ISSUES         1.	107.0015	
2.	107.0111	
3.		
4.		
5.		
6.