RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        08 FEBRUARY 2005
      DOCKET NUMBER:  AR20040001556


      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          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Ms. Susan Powers                  |     |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 DD Form 214 (Report of Transfer or
Discharge) be corrected to reflect a combat [infantry] MOS (military
occupational specialty) and that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states that he served in Vietnam with the 1st Battalion,
18th Infantry of the 1st Infantry Division, receiving numerous awards;
however, he did not receive the CIB to which he is entitled because of his
combat service.  He was trained as an auto parts specialist, MOS 76S20, and
assigned as a truck driver in Germany.  He was assigned to a combat unit in
Vietnam, sent to jungle school for two weeks, and then assigned to Company
E, where he served as a perimeter guard, often under fire.  The information
on his duties in Vietnam was not recorded.  He requests that his record now
be corrected.

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 24 August 1968.  The application submitted in this case
is dated       4 May 2005.

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 enlisted in the Army for three years on 22 November 1965,
completed training as an ordnance supply specialist, MOS 76D, and in April
1966 was assigned to an ordnance platoon in Germany.  The applicant’s DA
Form 20 (Enlisted Qualification Record) shows that he was awarded MOS
76S20, Automotive Repair Parts Specialist, on 4 April 1966.

4.  In July 1967 the applicant was assigned to the 1st Battalion, 18th
Infantry, in Vietnam.  His DA Form 20 shows his duty MOS and principal duty
as 76S20 and repair parts specialist, respectively.

5.  The applicant returned to the United States in August 1968 and was
released from active duty at Oakland, California on 24 August 1968.  His DD
Form 214 shows his specialty number and title as 76S20, auto parts sp,
respectively.

6.  The applicant’s records contain no evidence that he was awarded an
infantry MOS, served as an infantryman in combat, or was awarded the CIB.

7.  The applicant’s records show that he qualified as a sharpshooter with
the rifle on 7 January 1966.  This information is not contained on his DD
Form 214.

8.  The applicant participated in four campaigns during his tour of duty in
Vietnam and is entitled to award of the Vietnam Service Medal with four
bronze service stars (one for each campaign).  The 1st Battalion, 18th
Infantry was awarded the Valorous Unit Award, the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, and the Republic of Vietnam Civil
Actions Honor Medal First Class for its actions while the applicant was
assigned to that unit.

9.  The Combat Infantryman Badge is awarded to infantry officers, warrant
officers, and to enlisted Soldiers 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.  As with all awards,
formal recommendation and approval in the chain of command are required.
The award must be announced or published in general or permanent orders.
Although the exigencies of combat may require non-infantry Soldiers to
temporarily perform the basic infantry duties that all Soldiers are taught,
it is not a basis for the award of the Combat Infantryman Badge.

DISCUSSION AND CONCLUSIONS:

1.  Although assigned to an infantry battalion, he was not awarded an
infantry MOS, and there is no evidence that he served as an infantryman in
active ground combat.  Consequently, his request to correct his specialty
on DD Form 214 and to award him the Combat Infantryman Badge cannot be
granted.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 August 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on         23 August 1971.  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.

3.  The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MP __  ___SP __  ___SP __  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 Case Management Support Division in St. Louis is requested to
correct the applicant’s records to show award of the Sharpshooter
Marksmanship Qualification Badge with rifle bar, the Vietnam Service Medal
with four bronze service stars, the Valorous Unit Award, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of
Vietnam Civil Actions Honor Medal First Class.




                                  ____Margaret Patterson_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040001556                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050208                                |
|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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