RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 DECEMBER 2004
      DOCKET NUMBER:  AR2004106322


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Semma Salter                  |     |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 military records be corrected to show
that his last name is “Schellenberg” vice “Schellenburg.”  He also asks
that his records be corrected to reflect award of the Combat Infantryman
Badge and that his separation document show that he held specialty 11B
(infantryman) at the time of his separation.

2.  The applicant states, in effect, that his last name is “Schellenberg”
not “Schellenburg” and that he served as an infantryman in Vietnam with the
25th Infantry Division.  He states that he was actually a machine gunner
with the 25th Infantry Division for 2 years and that during his last year
on active duty he was a machinist.  He states that he was awarded the
Combat Infantryman Badge for his duties as an infantryman but that it is
not reflected on his separation document.

3.  The applicant provides copies of two orders and an installation
clearance record showing that he was assigned to the 25th Infantry Division
and that his specialty was 11B.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 24 November 1967.  The application submitted in this case
is dated 22 March 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 25 November 1964.  His enlistment documents, and all of the
documents in his Official Military Personnel File (OMPF) reflect the
spelling of his last name as “Shellenburg” with the exception of his
Department of Defense Form 398 (Statement of Personal History) which
reflects “Shellenberg.”  However, throughout the applicant’s OMPF,
including the Department of Defense Form 398, the applicant signed his name
as “Shellenburg.”

4.  The applicant was initially trained as an infantryman (11B) and
performed duties as a machine gunner with the 2nd Battalion, 14th Infantry,
25th Infantry Division in Hawaii and with the 1st Battalion, when the 14th
Infantry was deployed to Vietnam in January 1966.  He continued to perform
duties as a machine gunner until October 1966 when he returned to the
United States and was assigned to Fort Stewart, Georgia.

5.  There is no indication in available records that the applicant was ever
awarded the Combat Infantryman Badge.

6.  On 15 November 1966 the applicant reported to Fort Stewart and assumed
duties as a machinist (44E).  He was promoted to pay grade E-5, in
specialty 44E, on 20 March 1967 and held that specialty until his
separation from active duty.  There is no indication that specialty 11B
became his secondary specialty at the time he was promoted and awarded
specialty 44E.

7.  On 24 November 1967 the applicant was released from active duty.  His
separation document, which he authenticated, reflects his last name as
“Schellenburg,” his specialty as 44E, and does not reflect entitlement to
the Combat Infantryman Badge.

8.  Army Regulation 635-5, then in effect, stated that item 23a would
reflect an individual's primary specialty code number and title.

9.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  It states that 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.  Campaign credit
alone is not sufficient for award of the Combat Infantryman Badge.

10.  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 and Vietnam Counteroffensive Phase II) 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 Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  The unit award was also
omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  It is noted that the applicant’s military records show he entered
active duty under the name “Schellenburg” and served under that name
throughout his military service.  At the time of his separation from active
duty in 1967 his name was still recorded as “Schellenburg” and confirmed by
his signature on his separation document.  Additionally, it is noted that
the applicant has provided no explanation concerning the source of, or
reasons he utilized the name “Schellenburg” throughout his military service
or the basis for requesting that it be changed now.

2.  The Army has an obligation, for historical purposes, to maintain
records, as they were constituted at the time of creation.  The fact that
the applicant now spells his last name as “Schellenberg” is not sufficient
to justify changing his military records, as they were originally
constituted.

3.  Information contained in the applicant's file confirms that he was
awarded specialty 44E in March 1967 at the time he was promoted to pay
grade E-5.  Therefore, the information concerning his specialty on his
separation document is accurate.

4.  Although the applicant may have held an infantry specialty at one time,
and performed duties of an infantryman while in Vietnam, there is no
evidence that he was ever awarded the Combat Infantryman Badge or that he
was engaged in active ground combat during his less than 10 months of
service in Vietnam.  In the absence of evidence that he did participate in
active ground combat, there is no basis for award of the Combat Infantryman
Badge at this time.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 November 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
23 November 1970.  However, the applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant's records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___FE___  ___PS__  ___SS  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show entitlement to two bronze service stars on his Vietnam
Service Medal and the Republic of Vietnam Gallantry Cross Unit Citation
with Palm.




                                  ______Fred Eichorn________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106322                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041221                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |110.00                                  |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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