RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         28 OCTOBER 2004
      DOCKET NUMBER:  AR2004105421


      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             |
|     |Ms. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Raymond Wagner                |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |Member               |
|     |Ms. Marla Troup                   |     |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 Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge while
in Vietnam but it was not recorded on his separation document.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error or injustice which
occurred on 29 July 1969.  The application submitted in this case is dated
27 February 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 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.  Records available to the Board indicate that the applicant entered
active duty on 14 March 1966.  He was trained as an infantryman (11B) and
in September 1966 was assigned to the 1st Battalion of the 327th Infantry
in Vietnam where he performed duties as a rifleman and grenadier.

4.  The applicant departed Vietnam in September 1967.  There is no
indication in his available file confirming that he was awarded the Combat
Infantryman Badge. He was, however, awarded the Army Commendation Medal.
The Army Commendation Medal was confirmed in orders issued by the 1st
Brigade, 101st Airborne Division in Vietnam on 8 August 1967.  His award of
the Army Commendation Medal was omitted from his separation document.

5.  In May 1969, while the applicant was assigned to Fort Lewis,
Washington, he was reclassified from an infantryman (11B) to a light
vehicle driver (64A).

6.  On 29 July 1969 the applicant was released from active duty with an
honorable characterization of service.  His separation document does not
reflect entitlement to the Combat Infantryman Badge.

7.  There are basically three requirements for award of the Combat
Infantryman Badge.  The soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in two designated campaigns (Vietnam
Counteroffensive Phases II and III) during the applicant’s period of
assignment.  Two bronze service stars on the Vietnam Service Medal, which
is recorded on his separation document, should reflect his campaign
participation.  The unit was also awarded the Meritorious Unit Commendation
and a Republic of Vietnam Gallantry Cross Unit Citation with Palm during
his tenure with the organization.  The unit awards were also omitted from
his separation document.

DISCUSSION AND CONCLUSIONS:

1.  Although there is no evidence in available records confirming that the
applicant was awarded the Combat Infantryman Badge, the evidence does show
that he was an infantryman, assigned to an infantry unit, and performed
infantry duties while in Vietnam.  The fact that his unit was awarded a
Meritorious Unit Commendation while he was assigned to the organization and
that he was ultimately awarded an Army Commendation Medal supports a
conclusion that he likely participated in ground combat.  As such, in the
interest of justice and equity, it would be appropriate to award him the
Combat Infantryman Badge.

2.  The evidence also confirms that the applicant was awarded an Army
Commendation Medal, which was omitted from his separation document.

3.  The applicant is also entitled to a Meritorious Unit Commendation, a
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two bronze
service stars on his Vietnam Service Medal.  His records should be
corrected accordingly.

BOARD VOTE:

___RW__  ___LF  __  ___MT __  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:

      a.  awarding him the Combat Infantryman Badge;


      b.  showing that he was awarded an Army Commendation Medal; and


      c.  showing that he is entitled to a Meritorious Unit Commendation,
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two
bronze service stars on his Vietnam Service Medal.






                            ____ Raymond Wagner______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105421                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041028                                |
|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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