RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 February 2005
      DOCKET NUMBER:  AR20040001234


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Linda M. Barker               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, that he is entitled to the award.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), a 14 April 2001 letter of
support and a undated letter of support.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 October 1969, the date of his separation for active duty.
The application submitted in this case is dated 30 April 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 entered the Army on 26 March 1968 for a period of 2
years.  He successfully completed basic and advance individual training and
was awarded MOS 13A (Cannoneer).

4.  The applicant was assigned to the Republic of Vietnam, were he was
assigned to Howitzer Battery, 3d Squadron, 11th Armored Cavalry Regiment
for the period 1 October 1968 through 23 October 1969.

5.  The applicant departed from the Republic of Vietnam on 24 October 1969.
 He was honorably released from active duty in the rank of sergeant/pay
grade   E-5 on 27 October 1969 after completion of 1 year, 7 months, and 2
days of active military service with no days of lost time.





6.  The applicant's DD Form 214 shows that he was awarded the National
Defense Service Medal, the Vietnam Service Medal, the Vietnam Campaign
Medal, the Army Commendation Medal, and the Good Conduct Medal.

7.  There are no orders in the applicant's personnel records which show he
was awarded the Combat Infantryman Badge.

8.  The applicant's DA Form 20 (Enlisted Qualification Record) shows while
he was in the Republic of Vietnam, he performed duty in the MOS of 13A from
4 October 1968 through 5 October 1969 and 13B (Gunner) from 6 October 1969
through 24 October 1969.

9.  There is no evidence of record which shows he served in an infantry
position during his assignment in the Republic of Vietnam.

10.  The applicant provide two letters of support that essentially stated
that the applicant served alongside other members of the unit that were
awarded the Combat Infantryman Badge, and for this reason he should be
awarded the Combat Infantryman Badge also.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to Howitzer Battery, 3d Squadron, 11th Armored
Cavalry Regiment, was awarded the Republic of Vietnam Gallantry Cross with
Palm Unit Citation based on Department of the Army General Orders Number
50, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant
was entitled to the Valorous Unit Award for action on 19 and 20 June 1969
based on Department of the Army General Orders Number 53, dated 1970.

13.  The applicant's DA Form 20 shows he received credit for participation
in the Vietnam Counteroffensive, Phase V.

14.  Army Regulation 600-8-22 (Military Award) Appendix B lists, in
pertinent part, the military campaign periods of the Vietnam War.  Based on
the applicant's dates of service in Vietnam, Appendix B shows that he
participated in the following three additional campaigns: Vietnam
Counteroffensive, Phase VI; Tet 69 Counteroffensive; and Vietnam Summer-
Fall 1969.



15.  Army Regulation 600-8-2, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that 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.  The Awards Branch of
the Total Army Personnel Command has advised, in similar cases, that during
the Vietnam era the Combat Infantryman Badge was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

17.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, "the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat."  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.  The regulation also provided
that the Combat Infantryman Badge was authorized for award to infantry
personnel who were members of infantry platoons and squads in armored
cavalry squadrons and regiments.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.

2.  The support of the applicants comrades-in-arms is noted, but there is
no evidence of record which shows the applicant served in an infantry MOS
or served in active ground combat while an assigned member of an infantry
unit in Vietnam.  Therefore, there is insufficient evidence on which to
base award of the Combat Infantryman Badge.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1969.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on 26 October 1972.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file in this case.

4.  The evidence show that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Valorous Unit Award
and four bronze service stars for wear on his Vietnam Service Medal.  The
omission of these awards from his record is an administrative matter and
does not require Board action to correct.  Thus, administrative correction
of his record 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

___mm__  ___ljo ___  __lmb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that it was appropriate to waiver the ABCMR's
three-year statue of limitation in this case.

2.  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 to show award of
the Combat Infantryman Badge.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, it is requested that the CMSD-
St. Louis administratively correct the records of the individual concerned
to show that based on his service and campaign participation in the
Republic of Vietnam, he is entitled to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Valorous Unit Award and four bronze
service stars for wear on his Vietnam Service Medal; and by providing him a
corrected separation document that includes these awards.




                                  ____   Melvin H. Meyer_______
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040001234                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/02/03                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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