RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 MAY 2005
      DOCKET NUMBER:  AR20040006687


      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. John Slone                    |     |Chairperson          |
|     |Mr. Robert Duecaster              |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 record be corrected to show award of
the Combat Infantryman Badge (CIB).

2.  The applicant states that he received the CIB in August or September
1966 in South Vietnam.  He believes that the issuing authority was
Headquarters, MACV (Military Assistance Command, Vietnam).  He served in
combat for at least eight months during his tour in Vietnam.

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 3 November 1967.  The application submitted in this case
is dated 10 August 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 enlisted in the Army for three years on 23 August 1963,
completed training as an infantryman, and in May 1964 attended infantry
officer candidate school (OCS) at Fort Benning, Georgia.  He completed OCS
and on 27 October 1964 was appointed an infantry second lieutenant in the
Army Reserve with concurrent call to active duty.  He completed
counterinsurgency training and training in the Vietnamese language, and in
May 1966 was assigned to MACV as an assistant infantry battalion advisor to
a Republic of Vietnam infantry battalion.

4.  The applicant’s officer efficiency report for the period 12 May 1966 to
             15 September 1966 reads in pertinent part, “[The applicant]
primary duty during this period was assistant battalion advisor to a
Republic of South Vietnam infantry battalion. … [The applicant] came under
enemy fire on several occasions and reacted in a calm, competent manner,
keeping me [the applicant’s rater] informed of his element’s status,
requesting medical evacuation helicopters and directing armed helicopter
strikes.  [The applicant] was awarded the Combat Infantryman’s Badge during
this period.”

5.  His officer efficiency report for the period 16 September 1966 to 7
November 1966 reads in pertinent part, “During operations [the applicant]
was always eager to be up front where first contact with the enemy was most
likely and danger from mines, grenade traps and VC (Viet Cong) security
elements was the greatest.”

6.  On 1 April 1967 the applicant was awarded the Bronze Star Medal for
meritorious service for the period May 1966 to April 1967.

7.  He completed his tour of duty in Vietnam and returned to the United
States.  He participated in two campaigns during his tour of duty in
Vietnam and MACV was awarded the Republic of Vietnam Gallantry Cross Unit
Citation with Palm for its actions while he was assigned to that command.
The applicant was assigned to Fort Dix, New Jersey thereafter and on 3
November 1967 was released from active duty in the rank of captain.  His DD
Form 214 shows award of the Good Conduct Medal, Bronze Star Medal, and
National Defense Medal.  It also shows award of the Vietnam Service Medal
but does not show the number of campaigns in which he participated.  His DD
Form 214 does not show award of the Combat Infantryman Badge.  There are no
orders or other documents contained in his record to show award of the CIB.


8.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be 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.  Campaign or battle credit alone is not sufficient for award
of the CIB.  The Combat Infantryman Badge is awarded to infantry officers
and to enlisted and warrant officer persons who have an infantry MOS
(military occupational specialty).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.

9.  Special provisions for award of the CIB apply to service in the
Republic of Vietnam.  Subsequent to 1 March 1961 a Soldier must have been
assigned to a Vietnamese unit engaged in actual ground combat, or as a
member of an Army infantry unit of brigade or smaller size, serving with a
Republic of Vietnam unit engaged in actual ground combat.  The Republic of
Vietnam unit must have been of regimental size of smaller and either an
infantry, ranger, of infantry-type unit.  The Soldier must have been
personally present and under hostile fire while assigned as specified.
10.  Army Regulation 600-8-22 provides for the award of the Republic of
Vietnam Campaign Medal and states, in pertinent part, that the medal will
be awarded to personnel who have served in Vietnam for six months during
the period from
1 March 1961 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  One of the applicant’s efficiency reports indicate that he was awarded
the Combat Infantryman Badge, although there is no evidence to show that
award. Nonetheless, the applicant was an infantry officer, and his
efficiency reports show that he was assigned as an advisor to a South
Vietnamese infantry battalion while engaged in combat.  His officer
evaluation reports attest to his active combat participation.  The
applicant is entitled to award of the CIB.

2.  The applicant participated in two campaigns during his tour of duty in
Vietnam.  He is entitled to award of the Vietnam Service Medal with two
bronze service stars (one for each campaign).  The applicant is also
entitled to award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm and the Republic of Vietnam Campaign Medal.

BOARD VOTE:

__JS____  ___RD __  ___CD__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by showing award of the Combat
Infantryman Badge, Vietnam Service Medal with two bronze service stars,
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and Republic
of Vietnam Campaign Medal.





                            _______John Slone________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006687                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050517                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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