RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 JUNE 2005
      DOCKET NUMBER:  AR20040008006


      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:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Ms. LaVerne Douglas               |     |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) and to show his rank as specialist four
(SP4), pay grade E-4.  He also requests award of the Bronze Star Medal by
virtue of award of the Combat Infantryman Badge.

2.  The applicant states that he earned them, and they could make a
difference in his claim for benefits.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge), and a copy of an order promoting him to specialist four.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 January 1969.  The application submitted in this case
is dated    25 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 was inducted into the Army on 17 January 1967, completed
training as an infantryman, and in June 1967 was assigned as an infantryman
to Company C, 2nd Battalion, 22nd Infantry, in Vietnam.  He was promoted to
private first class (PFC), pay grade E-3, on 2 July 1967.  In October 1967
the applicant was transferred to the 506th Field Depot with duty as a
repair parts clerk.  On      7 December 1967 he was reduced to private E-2
for misconduct.  He was promoted to PFC on 27 March 1968, and in 18 April
1968 was again reduced to private E-2 for misconduct.  The applicant
returned to the United States in June 1968.  He participated in three
campaigns during his tour of duty in Vietnam.  The 1st Battalion, 22nd
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 he was assigned to that organization.

4.  On 31 July 1968, the applicant was assigned to Company H, 41st
Infantry, at Fort Ord, California.  Orders published by Company H on 13
December 1968 show that the applicant was promoted to specialist four
effective on 9 December 1968.

5.  The applicant was released from active duty on 16 January 1969 at Fort
Ord.  His DD Form 214 shows his rank and pay grade as private E-2, with a
date of rank of 18 April 1968, the date that he was reduced to that rank
while in Vietnam.
His DD Form 214 shows award of the National Defense Service Medal, Good
Conduct Medal, Vietnam Campaign Medal, and Sharpshooter Badge (rifle).  It
shows award of the Vietnam Service Medal but in so doing does not credit
him with the number of campaigns in which he participated.  His DD Form 214
does not show award of the Combat Infantryman Badge.

6.  The applicant was honorably discharged from the Army Reserve on 1
January 1973.  His discharge order shows his rank as SP4.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) does not
reflect award of the Combat Infantryman Badge.  His records do not contain
an order showing that he was awarded the Combat Infantryman Badge.

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.

9.  The Bronze Star Medal was awarded 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.

10.  The Vietnam Service Medal 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.  A silver star is worn
instead of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman assigned to an infantry company in
Vietnam from June 1967 until his transfer to a field depot in October of
that year. There is no evidence, however, and the applicant has not
submitted any, to show that he was engaged in combat.  There is
insufficient evidence to grant his request for award of the Combat
Infantryman Badge.  As indicated above the Bronze Star Medal was awarded to
Soldiers who served in World War II and who earned the Combat Infantryman
Badge.  The applicant is not entitled to award of the Bronze Star Medal.

2.  Orders were published on 13 December 1968 promoting the applicant to
specialist four, pay grade E-4, with a date of rank of 9 December 1968.
His     DD Form 214 should reflect that information.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is entitled to award of three bronze service stars to his
Vietnam Service Medal.

4.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MP__  ___PM __  ___LD __  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 showing his rank, pay
grade, and date of rank on his 16 January 1969 DD Form 214 as SP4, E-4, 9
December 1968, respectively; and to show award of three bronze service
stars to the Vietnam Service Medal; and award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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 and the Bronze Star Medal.




                            ____Margaret Patterson____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008006                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050621                                |
|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.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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