RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 June 2005
      DOCKET NUMBER:  AR20040006472


      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. Fred Eichorn                  |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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.

2.  The applicant states that during his last full tour in Vietnam, he
served in the military occupational specialty (MOS) "11B" with Company D,
1st Battalion (Airmobile) and was engaged in combat against the enemy.

3.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 27 June 1972.  The application submitted in this case is dated
2 June 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 28 May
1968.  He completed basic and advanced individual training and was awarded
the MOS 11B20 (Light Weapons Infantryman).  The applicant was honorably
separated from active duty on 27 June 1972.

4.  The applicant's records contain General Orders Number 316,
Headquarters,
1st Cavalry Division (Airmobile), dated 12 November 1970.  These orders
show that the applicant was awarded the Combat Infantryman Badge. He was
assigned to Company D, 1st Battalion, 12th Cavalry at the time of the
award.

5.  Records show that the applicant served in Vietnam during the periods
23 December 1968 to 2 April 1969; 24 March 1970 to 3 March 1971; and 13 May
1972 to 27 June 1972.





6.  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.

7.  The applicant's service records indicate that he participated in the
Counteroffensive Phase VI (2 November 1968 through 22 February 1969), the
Tet 1969 Counteroffensive (23 February 1969 through 8 June 1969), the
Winter-Spring Campaign (1 November 1969 through 30 April 1970),
the Sanctuary Counteroffensive (1 May 1970 through 30 June 1970),
Counteroffensive Phase VII (1 July 1970 through 30 June 1971), and the
Cease Fire Campaign (30 March 1972 through 28 January 1973).  His Vietnam
Service Medal does not show bronze service stars to indicate credit for all
campaigns in which he participated.

8.  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,
1st Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class based Department of the Army General
Orders Number 42, dated 1972.

9.  Department of the Army Pamphlet 672-3 also shows that the 1st
Battalion, 12th Cavalry, was cited for award of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm based on Department of the Army
General Orders Number 42, dated 1972.

10.  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.

11.  Army Regulation 600-8-22 (Military Awards) states that one bronze
service star is worn on the appropriate service medal for each campaign
participation credit.  One silver service star is worn in lieu of five
bronze service stars.





DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Combat Infantryman Badge.

2.  General Orders Number 316, dated 12 November 1970 shows that the
applicant was awarded the Combat Infantryman Badge.  Therefore, the
applicant is entitled to correction of his DD Form 214 with an effective
date of 27 June 1972 to show this award.

3.  The applicant is entitled to award of the Republic of Vietnam Civil
Actions Honor Medal First Class and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm based on his service in Vietnam.  Therefore, he is
entitled to correction of his DD Form 214 to show these unit awards.

4.  The applicant met the eligibility criteria to wear one silver service
star on the Vietnam Service Medal.  His DD Form 214 should be amended to
reflect a silver service star and one bronze service star based on his
participation in six campaigns.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 June 1972, therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
26 June 1975.  However, based on the evidence of record, it is appropriate
to waive the statue of limitations in this case.

BOARD VOTE:

__fe____  __teo___  __mjnt__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION







BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Combat
Infantryman Badge,
the Republic of Vietnam Civil Actions Honor Medal First Class, the Republic
of Vietnam Gallantry Cross Unit Citation with Palm, a silver service star,
and one bronze service star for wear on his already awarded Vietnam Service
Medal.






                                  Fred Eichorn
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040006472                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050602                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0094                                |
|3.                      |107.0095                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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