RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 February 2005
      DOCKET NUMBER:  AR20040002038


      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. Ronald DeNoia                 |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Ronald J. Weaver              |     |Member               |
|     |Mr. Jonathon K. Rost              |     |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 the award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that while serving as a wheel vehicle
mechanic stationed with a group of Australians he was involved in ground
combat.  The applicant further states he was on the front lines, did not
have a base camp, and was "out there at all times."

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), effective 8 February 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 February 1968, the date of his separation from the United
States Army.  The application submitted in this case is dated 18 May 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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines that it would be in the interest of justice to do
so.  The ABCMR has elected to conduct a substantive review of this case to
determine if it would be in the interest of justice to excuse the
applicant’s failure to timely file.

3.  The applicant was inducted into the Army on 9 February 1966.  Upon
completion of basic and advanced individual training he was awarded the
military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).
Records show the applicant served in Vietnam with Headquarters, 1st
Battalion of the 83rd Artillery from 11 October 1966 to 12 September 1967.
The applicant was separated on 8 February 1968 with an honorable discharge.


4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows award of the Vietnam Service Medal, the Republic of Vietnam Campaign
Medal, the Good Conduct Medal, the National Defense Service Medal and the
Expert (Rifle) Badge.

5.  Item 23a (Specialty Number and Title) of the applicant's DD Form 214
shows the entry of "63B20 Vehicle Mechanic."
6.  Item 22 (Military Occupational Specialties) of the applicant's DA Form
20 (Enlisted Qualification Record) shows "63B20 Wheel Vehicle Mechanic."

7.  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 U.S. Army Human Resources Command (formerly known as 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.

8.  Review of the applicant's records indicates he is entitled to
additional awards not shown on his DD Form 214.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the awards received by units serving
in Vietnam.  This document shows Headquarters 1st Battalion of the 83rd
Artillery, the unit to which the applicant was assigned, was cited for the
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Orders Number 51, dated
1971.

10.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
was cited for the Republic of Vietnam Gallantry Cross Unit Citation based
on Department of the Army General Orders Number 8, dated 1974.

11.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in this regulation and states that authorized bronze service stars will be
worn on the appropriate service medal.

12.  The applicant’s DD Form 214 shows the Vietnam Service Medal as an
authorized award.  Evidence of record shows the applicant participated in
two campaigns during his assignment in Vietnam:  the Vietnam
Counteroffensive Phase II and the Vietnam Counteroffensive Phase III.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the award of the Combat
Infantryman Badge because he was involved in ground combat while serving
with an Australian unit.
2.  Record shows that the applicant held the MOS 63B20 which is not an
Infantry MOS.

3.  Additionally, the applicant stated that he performed as a wheel vehicle
mechanic while he was serving with the Australian unit.

4.  Records show that the applicant was assigned to the 83rd Artillery,
which is not an Infantry unit.  There is no evidence and the applicant has
not provided evidence which shows that he served in active ground combat
while assigned or attached to an infantry unit.

5.  Based on the foregoing, the applicant does not meet the criteria for
award of the Combat Infantryman Badge; therefore, there is no basis for
award of the Combat Infantryman Badge in this case.

6.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.  Therefore, his records
should be corrected to show this foreign unit award.

7.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation.  Therefore, his records should be corrected to show
this foreign unit award.

8.  The applicant is entitled to the Vietnam Service Medal with two bronze
service stars.  Therefore, his records should be corrected to show award of
the Vietnam Service Medal with two bronze service stars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 February 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 7 February 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 file in this case.

10.  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

___YM__  ___RJW__  __JKR__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 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 further 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 he was awarded the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation, the Republic of Vietnam Gallantry
Cross Unit Citation; and two bronze service stars to be affixed to his
Vietnam Service Medal.





                                  _____Yolanda Maldonado___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040002038                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050224                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1        |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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