RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040003721


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |Member               |

      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 his records be corrected to reflect award
of the Combat Infantryman Badge.

2.  The applicant states he entered the Army in 1964, was assigned to an
infantry division at Fort Riley, Kansas, and was then assigned to Vietnam.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 July 1967.  The application submitted in this case is
dated
22 June 2004.

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 limitations 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.  Records available to the Board indicate that the applicant entered
active duty on 15 July 1964 and was trained as an infantryman (11B).

4.  In May 1965, after a brief assignment at Fort Riley, Kansas, the
applicant was assigned to Vietnam as a security guard with the United
States Military Assistance Command.  Other documents in his file indicate
that he was assigned to Advisory Team 32.

5.  The applicant departed Vietnam in May 1966 and completed his enlistment
contract at Fort Rucker, Alabama.  On 14 July 1967 he was released from
active duty.  His records do not reflect award of the Combat Infantryman
Badge.

6.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.  Additionally, Army Regulation 600-8-22 also states
that subsequent to 1 March 1961 an infantry Soldier assigned as an advisor
to an infantry unit, ranger unit, infantry-type unit of the civil guard of
regimental or smaller size, and/or infantry-type unit of the self defense
corps unit of regimental or smaller size of the Vietnamese government
during any period such unit was engaged in actual ground combat, or was
assigned as an advisor of an irregular force comparable to the above
infantry units under similar conditions were also entitled to an award of
the Combat Infantryman Badge.

7.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive and Vietnam Defense) during the applicant’s period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded a Meritorious Unit Commendation
and the Republic of Vietnam Gallantry Cross Unit Citation with Palm during
his tenure with the organization.  The unit awards were also omitted from
his separation document.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have been an infantryman, he was not
assigned to a unit which would have entitled him to an award of the Combat
Infantryman Badge even if there were evidence that he had been involved in
actual ground combat.  As such, there is no basis for an award of the
Combat Infantryman Badge.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the Board
Determination/Recommendation section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 July 1967; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
13 July 1970.  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 timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MM__  ___TO __  ___JM  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would 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.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show entitlement to two bronze service stars on his Vietnam
Service Medal, a Meritorious Unit Commendation, and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.



                                  ______Mark Manning_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040003721                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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