RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 APRIL 2005
      DOCKET NUMBER:  AR20040004779


      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             |
|     |Mr. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Larry Bergquist               |     |Member               |
|     |Mr. Larry Olson                   |     |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 award of the Bronze Star Medal by virtue of his
award of the Combat Infantryman Badge while in Vietnam.

2.  The applicant states that he was informed that a policy existed whereby
infantry Soldiers awarded a Combat Infantryman Badge were also awarded a
Bronze Star Medal for meritorious service.  He served with Company A,
       2nd Battalion, 28th Infantry of the 1st Infantry Division and was
awarded the Army Commendation Medal, Air Medal, Purple Heart, and the
Combat Infantryman Badge.  In view of these awards he should be awarded the
Bronze Star Medal based on his award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 May 1970.  The application submitted in this case is
dated            21 July 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.  The applicant was inducted into the Army on 28 May 1968, trained as an
infantryman, and in November 1968 was assigned to Company A, 2nd Battalion,
28th Infantry of the 1st Infantry Division in Vietnam.  He completed his
tour of duty in Vietnam, and in November 1969 was assigned to Fort
Huachuca, Arizona.  The applicant participated in four campaigns during his
tour of duty in Vietnam, and the 2nd Battalion, 28th Infantry was awarded
the Republic of Vietnam Gallantry Cross Unit Citation with Palm and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
its actions while the applicant was assigned to that organization.

4.  The applicant was released from active duty on 1 May 1970.  His
         DD Form 214 shows award of the National Defense Service Medal,
Combat Infantryman Badge, Purple Heart, Republic of Vietnam Campaign Medal,
Air Medal, and Army Commendation Medal.  It also shows award of the Vietnam
Service Medal; however, that award fails to show that he participated in
four campaigns.

5.  Army Regulation 600-8-22 provides for award of the Bronze Star Medal to
each member of the Armed Forces of the United States who, after 6 December
1941 has been cited in orders or awarded a certificate for exemplary
conduct in ground combat against an armed enemy between 7 December 1941 and
           2 September 1945.  The award of a Combat Infantryman Badge is
considered as a citation in orders.

6.  The aforementioned regulation provides for award of the Vietnam Service
Medal (VSM) and states, in pertinent part, that the VSM is awarded to all
members of the Armed Forces serving in Vietnam from 3 July 1965 through
  28 March 1973.  One bronze service star is authorized for each campaign.

DISCUSSION AND CONCLUSIONS:

1.  Noted is the applicant’s exemplary service to his country as indicated
by the awards that he received.  Nonetheless, award of the Bronze Star
Medal by virtue of the award of the Combat Infantryman Badge is restricted
to World War II Soldiers.  Consequently, the applicant’s request for award
of the Bronze Star Medal cannot be granted.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 May 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 April 1973.  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.

3.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RW___  ___LB  __  ___LO __  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 Case Management Support Division in St. Louis is requested to
correct the applicant’s records to show award of the Vietnam Service Medal
with four bronze service stars, the Republic of Vietnam Gallantry Cross
Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.




                                  ____ Raymond Wagner______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004779                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050419                                |
|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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