RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           02 SEPTEMBER 2004
      DOCKET NUMBER:  AR2004101886


      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. Walter Morrison               |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Mr. Ronald Weaver                 |     |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 award of the Combat Infantryman
Badge, and that his award of the Army Commendation Medal with "V" device be
upgraded to the Bronze Star Medal with "V" device.

2.  The applicant states that he never received the awards.  His DD Form
214 (Report of Transfer or Discharge) shows award of the Army Commendation
Medal with "V" device; however, it should have been the Bronze Star Medal
with "V" device.  He is applying for benefits from the Department of
Veterans Affairs, and he needs to provide evidence to show that he was in
combat.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 January 1971.  The application submitted in this case
is dated       4 December 2003.

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 limitation 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 requested correction of his records to show upgrade of
his award of the Army Commendation Medal with "V" device to the Bronze Star
Medal with "V" device.  There are no orders or other evidence authorizing
award of the Bronze Star Medal with "V" device.  In the absence of a proper
award authority for this decoration, the applicant may request upgrade to
the Bronze Star Medal with "V" device under the provisions of Section 1130
of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this decoration
under     Section 1130 and, as a result, it will not be discussed further
in the Record of Proceedings.

4.  The applicant was inducted into the Army on 23 May 1969 and was trained
as an infantryman.  He qualified as a marksman with the rifle, sharpshooter
with the automatic rifle, and sharpshooter with the machine gun.  In March
1970 he was assigned to an infantry company of the 2nd Battalion, 502nd
Infantry in Vietnam. On 13 August 1970 the applicant was awarded the Army
Commendation Medal with V device for his heroism on 9 May 1970 while
assigned as an infantryman with Company A of the above organization.

5.  The applicant completed his tour of duty in Vietnam and in December
1970 returned to the United States.  He participated in four campaigns
during his tour in Vietnam, and the 2nd Battalion, 502nd 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.

6.  The applicant's records indicate that he was AWOL (absent without
leave) on two occasions during his military service, for which he received
nonjudicial punishment under Article 15, Uniform Code of Military Justice.

7.  The applicant was released from active duty on 1 January 1971 in the
rank of private, pay grade E-2, at Fort Lewis, Washington.  His DD Form 214
does not show award of the Combat Infantryman Badge, nor does it show that
he qualified as a sharpshooter with the automatic rifle and the machine
gun.

8.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman satisfactorily
performing infantry duties, he must be assigned to an infantry unit during
such time as the unit is engaged in active ground combat, and he must
actively participate in such ground combat.  Specific requirements state,
in effect, that an Army enlisted Soldier must be have an infantry or
special forces specialty, satisfactorily performed duty while assigned or
attached as a member of an infantry, ranger or special forces unit of
brigade, regimental, or smaller size during any period such unit was
engaged in active ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was an infantryman with an infantry company and cited for
heroism in combat against the enemy.  He is entitled to award of the Combat
Infantryman Badge.

2.  The applicant qualified as a sharpshooter with the automatic rifle and
machine gun.  That information should be reflected on his DD Form 214.

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

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

___WM__  ___WP__  ___RW__  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 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 award of the Combat
Infantryman Badge, the Sharpshooter Marksmanship Qualification Badge with
automatic rifle and machine gun bars, 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.




            ____ Walter Morrison______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004101886                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20040902                                |
|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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