RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 March 2005
      DOCKET NUMBER:  AR20040005320


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 and award
of the Vietnam Service Medal.

2.  The applicant states, in effect, that his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) should be revised to
show award of the Combat Infantryman Badge.

3.  The applicant states, in effect, that it would be in the interest of
justice to waive his failure to timely file because he discovered the error
in July 2004.  The applicant continued that he recently applied for
disability for post-traumatic stress disorder; therefore, he needs his
records corrected to show awards of the Combat Infantryman Badge and the
Vietnam Service Medal.

4.  The applicant provides a copy of a Certificate of Combat Service.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 19 July 1968, the date of his separation from active duty.  The
application submitted in this case is dated 2 August 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 on 19 August 1966.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty (MOS) 63B (Wheeled Vehicle Mechanic) and
assigned to the 15th Field Hospital at Fort Bragg, North Carolina.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) and DA Form 20 (Enlisted Qualification Record)
does not show award of the Combat Infantryman Badge or award of the Vietnam
Service Medal.

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

6.  Item 31 (Foreign Service) of the applicant's DA Form 20 shows that he
served in Vietnam for the period 19 July 1967 through 18 July 1968.

7.  Records show that on 22 July 1967 the applicant was assigned to
Headquarters and Headquarters Company, 2nd Battalion, 60th Infantry of the
9th Infantry Division in Vietnam and served in his primary MOS 63B.

8.  The applicant submitted a copy of a Certificate of Combat Service that
was authenticated by the Commanding General of the 9th Infantry Division.
This certificate was given to those soldiers who served with the 9th
Infantry Division in Vietnam.

9.  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 Awards Branch of the U.S.
Army Human Resources 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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service
included attachment to or assignment for one or more days with an
organization participating in or directly supporting military operations.

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

12.  There is no evidence in the applicant's records that show he received
a first award of the Good Conduct Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  This period is 3 years except in those cases when the
period for the first award ends with the termination of a period of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.

14.  The applicant's DD Form 214 and DA Form 20 does not show award of the
Vietnam Campaign Medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the campaigns during the Vietnam War.
This document shows that, at the time of the applicant’s assignment to the
2nd Battalion, 60th Infantry of the 9th Infantry Division, he participated
in the Vietnam Counteroffensive Phase III, the TET Counteroffensive, the
Vietnam Counteroffensive Phase IV, and the Vietnam Counteroffensive Phase
V.

17.  Army Regulation 600-8-22, 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 which in this case is
the Vietnam Service Medal.

18.  Department of the Army Pamphlet 672-3 lists the unit awards received
by units serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the 2nd Battalion of the 60th Infantry, it was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters Department of the Army General Orders Number 31,
dated 1969 and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation by Headquarters Department of the Army General Orders
Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

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

2.  The records available contain no evidence which shows the applicant was
awarded the Combat Infantryman Badge.  Military records show that the
applicant served in a maintenance specialty (wheeled vehicle mechanic)
while in Vietnam.

3.  The applicant submitted a certificate of combat service issued by the
9th Infantry Division.  However, this certificate does not entitle him to
award of the Combat Infantryman Badge or show that he served as an
infantryman while in Vietnam.

4.  There is no evidence the applicant served in an infantry MOS in an
infantry duty position during his service in Vietnam.

5.  Based on all of the foregoing facts, the applicant was not eligible for
award of the Combat Infantryman Badge during his service in Vietnam.

6.  The applicant contends that he is entitled to award of the Vietnam
Service Medal.

7.  The applicant's service personnel records show he served a period of
qualifying service in Vietnam for award of the Vietnam Service Medal.

8.  Evidence also shows that the applicant participated in four campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of four bronze service stars to be worn on his
Vietnam Service Medal.

9.  The applicant is entitled to the first award of the Good Conduct Medal
based on completion of qualifying service from 19 August 1966 to 19 July
1968 ending with termination of a period of Federal military service.
Therefore, his records should be corrected to show award of the Good
Conduct Medal.

10.  Evidence of record shows that the applicant completed qualifying
service in Vietnam for award of the Vietnam Campaign Medal.  Therefore, he
is entitled to have his records corrected to show award of the Vietnam
Campaign Medal.

11.  Evidence of record shows that while the applicant was assigned to 2nd
Battalion, 60th Infantry of the 9th Infantry Division, the unit was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
Therefore, the applicant is entitled to correction of his records to show
these foreign unit awards.

11.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 19 July 1968, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 18 July 1971.  Although the
applicant did not file within the ABCMR's statute of limitations, it is
appropriate to waive failure to timely file based on the evidence in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__cd____  ___js___  ___le____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by showing award of the
Vietnam Service Medal with four bronze service stars, the Vietnam Campaign
Medal, the Good Conduct
Medal for the period 19 July 1967 through 18 July 1968, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
Combat Infantryman Badge.




                            ______John N. Slone_____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040005320                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005/03/10                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  119                 |107.0073/VSM                            |
|3.  157                 |107.0111/CIB                            |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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