RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 April 2005
      DOCKET NUMBER:  AR20040004147


      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. Prevolia Harper               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Ms. Ann M. Campbell               |     |Member               |
|     |Ms. Margaret V. Thompson          |     |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 (CIB).

2.  The applicant states that he was assigned to the Headquarters and
Headquarters Company, 4th Battalion, 23rd Infantry, 25th Infantry Division
in Vietnam.  He further states that his duties included radio operator,
"supply", and command truck driver.

3.  The applicant continues that Lieutenant D. L. gave him a CIB and
authorized him to wear it.  The applicant explains, in effect, that he was
advised by his superior officer, Lieutenant D. L., that his military
occupational specialty would be changed and that he was authorized wear of
the Combat Infantryman Badge.  He further explains that Lieutenant D. L.
was killed in action shortly thereafter.

4.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification
Record), a page from the Internet pertaining to the casualty of a former
service member, and a copy of his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 September 1968, the date of his separation from active
service.  The application submitted in this case is dated 2 July 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 was inducted into the Army of the United States on 3
October 1966.  He completed basic and advanced individual training and was
awarded the military occupational specialty 64A10 (Light Vehicle Driver).
He served with the 4th Battalion, 23rd Infantry, 25th Infantry Division in
Vietnam.



4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows that he earned the National Defense Service Medal, the Vietnam
Campaign Medal, and the Vietnam Service Medal.

5.  The applicant's DD Form 214 does not show award of the Combat
Infantryman Badge.  There are no orders in the applicant's service
personnel records awarding him the Combat Infantryman Badge.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) contained in
his service records, does not show in item 41 (Awards and Decorations)
award of the Combat Infantryman Badge.

7.  The applicant's DA Form 20 also shows that he served in MOS's 64A10
(Light Vehicle Driver) and 64B20 (Heavy Vehicle Driver).  There is no
evidence which shows that the applicant served in other MOS's.

8.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

9.  The applicant’s DD Form 214 shows award of the Vietnam Service Medal.
However, his DD Form 214 does not show award of a bronze service star to be
affixed to his Vietnam Service Medal in recognition of campaign credit.

10.  The applicant's service records indicates that he participated in the
Vietnam Counteroffensive Phase III (1 June 1967 through 29 January 1968),
the Tet Counteroffensive (30 January 1968 through 1 April 1968), the
Counteroffensive Phase IV (2 April 1968 through 30 June 1968), and the
Counteroffensive Phase V (1 July 1968 through 1 November 1968).

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 the unit to which the applicant
was assigned,
4th Battalion, 23rd Infantry was cited for award of the Valorous Unit Award
based on Department of the Army General Orders Number 42, dated 1969.

12.  Department of the Army Pamphlet 672-3 also shows that the 4th
Battalion, 23rd Infantry was cited for award of Republic of Vietnam Civil
Actions Honor Medal First Class based on Department of the Army General
Orders Number
51, dated 1971 and the Republic of Vietnam Gallantry Cross with Palm based
on Department of the Army General Orders Number 5, dated 1973.

13.  Army Regulation 600-8-22 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.

14.  Army Regulation 600-8-22, provides, in pertinent part, for 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Combat Infantryman
Badge based on his service in Vietnam.

2.  The applicant's record shows he was awarded MOS 64A10 (Light Vehicle
Driver) upon his completion of advanced individual training.  He also
served in MOS 64B20 (Heavy Vehicle Driver).

3.  Records show that applicant served as a light and heavy vehicle driver
throughout his tour in Vietnam.

4.  There is no evidence that the applicant served in an infantry MOS in
Vietnam. There also is no evidence that the applicant served in an infantry
unit of regimental or smaller size in ground combat in Vietnam.  Both of
these are regulatory requirements for award of the Combat Infantryman
Badge.  Therefore, the applicant did not meet the eligibility requirements
for award of the Combat Infantryman Badge.

5.  General Orders show the applicant is entitled to the Valorous Unit
Award, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
the Republic of Vietnam Civil Actions Honor Medal First Class.

6.  The applicant is entitled to award of four bronze service stars to be
worn on his Vietnam Service Medal.  These awards are based on his
participation in four campaigns during his Vietnam service.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 22 September 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.

8.  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
DTERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__jev___  __amc___  __mvt___  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 the Valorous Unit Award, the Republic of Vietnam Civil
Actions Honor Medal First Class, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and four bronze service stars to be worn on his
Vietnam Service Medal.




                                        James E. Vick
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040004147                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050414                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0112                                |
|2.                      |107.0094                                |
|3.                      |107.0095                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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