RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 JUNE 2005
      DOCKET NUMBER:  AR20040007864


      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. Hubert Fry                    |     |Member               |
|     |Ms. Linda Simmons                 |     |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.  In effect, the applicant requests that his DD Form 214 (Report of
Transfer or Discharge) be corrected to show award of the Presidential Unit
Citation, American Defense Service Medal, American Campaign Medal, Army of
Occupation Medal, Medal for Humane Action, Armed Forces Expeditionary
Medal, Combat Infantryman Badge, Expert Infantryman Badge, Service Star,
and United Nations Service Medal.

2.  The applicant states that he served as an infantryman with the 4th
Battalion, 31st Infantry in Vietnam.

3.  The applicant provides a copy of his DD Form 214 and a copy of a DA
Form 1577 (Authorization for Issuance of Awards).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 February 1971.  The application submitted in this case
is dated    17 September 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 11 April 1969, trained as
an infantryman, and in September 1969 assigned to Company A, 4th Battalion,
     31st Infantry, 196th Infantry Brigade in Vietnam.  He was promoted to
pay grade E-4 in April 1970, and on 4 July 1970 was awarded the Army
Commendation Medal for meritorious achievement for the period 1 February
1970 to                 31 May 1970.

4.  The applicant completed his tour of duty in Vietnam and returned to the
United States in September 1970 and was assigned to Fort Meade, Maryland.
He participated in four campaigns during his service in Vietnam, and the
          4th Battalion, 31st Infantry was awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm for its actions during the
applicant’s period of service with that organization.

5.  On 5 November 1970 the applicant received nonjudicial punishment under
Article 15, Uniform Code of Military Justice, and was reduced to pay grade
E-3.  He was released from active duty on 2 February 1971.  His DD Form 214
shows award of the National Defense Service Medal, Vietnam Campaign Medal
with   60 device, Army Commendation Medal, two overseas bars, and the
Expert Badge with rifle bar.  It also shows award of the Vietnam Service
Medal, but in so doing does not credit him with the number of campaigns in
which he participated.

6.  Service (campaign) medals and service ribbons denote honorable
performance of military duty within specified limited dates in specified
geographical areas.  Army Regulation 600-8-22, paragraph 6-7 provides for
service stars for wear on campaign and service ribbons to denote an
additional award, and states that service stars are authorized for wear on
the Vietnam Service Medal.  A silver star is worn instead of five bronze
service stars.

7.  The Presidential Unit Citation is awarded to units of the Armed Forces
of the United States for extraordinary heroism in action against an armed
enemy.  An individual assigned to a unit when it was awarded the
Presidential Unit Citation for its actions is entitled to that award.  The
Unit Citation and Campaign Participation Credit Register shows that the 4th
Battalion, 31st Infantry was awarded the Presidential Unit Citation for its
actions from 11 August 1969 to      31 August 1969.

8.  The American Defense Service Medal is awarded for service between
     8 September 1939 and 7 December 1941.  The American Campaign Medal is
awarded for service within the American Theater between 7 December 1941 and
2 March 1946.

9.  The Army of Occupation Medal is awarded for occupation of Germany,
Austria, Berlin, Italy, Japan, and Korea, immediately after cessation of
hostilities in World War II and continuing in some instances until 1955.

10.  The Medal of Humane Action is awarded to members of the Armed Forces
of the United States for service while participating in the Berlin airlift
or in direct support thereof during the period 26 June 1948 and 30
September 1949.

11.  The Armed Forces Expeditionary Medal is awarded to persons for service
in specific areas after 1 July 1958, meeting certain qualifications, one of
which is to be engaged in actual combat, or duty which is equally as
hazardous as combat, during an operation with armed opposition.  It is
awarded for service in Vietnam from 1 July 1958 to 3 July 1965.

12.  The Combat Infantryman Badge is 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.  As with all awards,
formal recommendation and approval in the chain of command are required.
The award must be announced or published in general or permanent orders.

13.  Award of the Expert Infantryman Badge requires that an individual must
have satisfactorily completed the prescribed proficiency tests while
assigned or attached to an infantry unit of at least battalion size.  To be
eligible for testing and award of the Expert Infantryman Badge, a Soldier
must be in an active Army status and must have an infantry or special
forces specialty.

14.  The United Nations Service Medal is awarded for service in Korea
between 27 June 1950 and 27 July 1954.

DISCUSSION AND CONCLUSIONS:

1.  The applicant participated in four campaigns during his tour of duty in
Vietnam He is entitled to award of four bronze service stars (one for each
campaign) to the Vietnam Service Medal.

2.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm.

3.  The applicant served as an infantryman with an infantry company in
Vietnam. Nevertheless, there is no evidence that he served in combat with
his unit.  His records contain no recommendation for award of the Combat
Infantryman Badge or an order awarding him that badge.  There is
insufficient evidence to grant his request for award of the Combat
Infantryman Badge.

4.  The 4th Battalion, 31st Infantry was awarded the Presidential Unit
Citation for its actions prior to the applicant’s assignment to that
organization.  Consequently, he is not entitled to that award.

5.  The applicant is not entitled to the award of the American Defense
Service Medal, American Campaign Medal, Army of Occupation Medal, Medal for
Humane Action, Armed Forces Expeditionary Medal, or United Nations Service
Medal, for obvious reasons as indicated by the periods of service required
for entitlement to those awards.

6.  There is no evidence and the applicant has not submitted any to show
that he satisfactorily completed the required proficiency tests for award
of the Expert Infantryman Badge.  He is not entitled to that award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JS____  ___HF __  ___LS __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 award of four bronze
service stars to the Vietnam Service Medal and the Republic of Vietnam
Gallantry Cross Unit Citation with Palm.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge, Presidential Unit Citation, American
Defense Service Medal, American Campaign Medal, Army of Occupation Medal,
Medal for Humane Action, Armed Forces Expeditionary Medal, United Nations
Service Medal, and Expert Infantryman Badge.





                            ______ John Slone__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007864                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050614                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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