RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 May2005
      DOCKET NUMBER:  AR20040005667


      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. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Seema E. Salter               |     |Member               |
|     |Ms. Susan A. 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, in effect, that his military occupational
specialty (MOS) 71B20 (Clerk Typist) be changed to an infantry MOS and his
records corrected to show award of the Combat Infantryman Badge.

2.  The applicant states that in Vietnam he was assigned to ride as an
armed guard transporting supplies to Quang Tri, Hue, and Da Nang.  He
contends that he was "riding shotgun" on trucks delivering supplies and
this entitles him to the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), a letter from the National
Personnel Records Center (NPRC), and a document titled "Agent Orange
Program."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 April 1972, the date of his separation from active duty.  The
application submitted in this case is dated 22 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’s military records show that he enlisted in the Regular
Army on 2 September 1969 for a period of 3 years.  He completed basic and
advanced individual training and was awarded the MOS 70A10 (Clerk).  He
served in Vietnam from 16 July 1971 to 15 July 1972.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, and the Vietnam Campaign Medal with 1960 Device.


5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
assigned to Headquarters and Headquarters Company, 26th General Support
Group and served in MOS 71B20 (Reports Clerk).  He also served in the MOS
71B10 (Clerk Typist) while assigned to the 334th Service and Supply Company
during his tour in Vietnam.

6.  Item 39 (Campaigns) on the applicant's DA Form 20 shows he received
campaign credit for participation in the Vietnam Consolidation I Campaign
(1 July 1971 through 30 November 1971).

7.  Appendix B of Army Regulation 600-8-22 (Military Awards) indicates the
applicant should receive credit for participation in the Vietnam
Consolidation II Campaign (1 December 1971 through 29 March 1972) and the
Cease-Fire Campaign (30 March 1972 through 28 January 1973).

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that at the time of the applicant’s
assignment to the 334th Supply and Service Company, the unit was cited for
award of the Republic of Vietnam Gallantry Cross Unit Citation with Palm
based on Department of the Army General Orders Number 6, dated 1974.

9.  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 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, 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's contention that his records should be corrected to show
award of the Combat Infantryman Badge is not substantiated.  His Enlisted
Qualification Record shows he served MOSs 71B10 (Clerk) and 71B20 (Clerk
Typist).  There is no evidence that the applicant served in an infantry
MOS.
2.  The applicant contends that he served in a combat zone and is entitled
to the Combat Infantryman Badge.  However, assignment in a combat zone
alone is insufficient as a basis for award of the Combat Infantryman Badge.
 The applicant did not hold an infantry MOS and there is no evidence that
he participated in ground combat while serving in an infantry unit of
brigade or regimental or smaller size.

3.  In the absence of orders for the Combat Infantryman Badge or other
evidence of record which shows that the applicant met the criteria for
award of the Combat Infantryman Badge, there is insufficient evidence upon
which to base award of the Combat Infantryman Badge.

4.  There is no evidence that the applicant was ever trained or awarded an
infantry MOS, or served in combat or performed the duties of an
infantryman.  Therefore, there is no basis to change his MOS.

5.  The evidence of record shows the applicant participated in three
campaigns during his assignment in Vietnam which are not correctly shown by
award of three bronze service stars on his Vietnam Service Medal.
Therefore, his DD Form 214 should be corrected to show the Vietnam Service
Medal with three bronze service stars.

6.  The applicant is entitled to award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm based on Department of the Army General
Orders Number 6, dated 1974.  Therefore, he is entitled to correction of
his DD Form 214 to show this unit award.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 7 April 1975.  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
DETERMINATION/RECOMMENDATION section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__mhm___  __ses___  __sap___  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 award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and three bronze service stars.





                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040005667                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050526                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0112                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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