RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        05 APRIL 2005
      DOCKET NUMBER:  AR20040007247


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Mark Manning                  |     |Chairperson          |
|     |Mr. Thomas O'Shaughnessy          |     |Member               |
|     |Ms. Jeanette McCants              |     |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 that his records be corrected to reflect award
of the Combat Infantryman Badge and any other combat awards he may be
entitled to.

2.  The applicant states the badge was omitted from his separation document
and that he served as an “armored vehicle crewman (tank)” while in Vietnam.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 October 1969.  The application submitted in this case
was received in 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.  Records available to the Board indicate that the applicant entered
active duty on 7 March 1968 and was trained as an armor crewman (11E).

4.  On 3 November 1968 he assumed duties as a “loader” with the A Troop,
2nd Squadron, 1st Cavalry.  In March 1969 he assumed duties as a “driver”
with that same organization.  In October 1969 he returned to the United
States and on
21 October 1969 he was released from active duty.

5.  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 specialty.  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, Human
Resources Command-Alexandria 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 specialty 11B, 11C, 11F, 11G, or 11H.

6.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (Vietnam
Counteroffensive Phases VI, TET 69 Counteroffensive, and Vietnam Summer-
Fall 1969) during the applicant’s period of assignment.  Three bronze
service stars on the Vietnam Service Medal, which is recorded on his
separation document, should reflect his campaign participation.  The unit
was also awarded the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, and the Republic of Vietnam Gallantry Cross Unit Citation with Silver
Star during his tenure with the organization.  The unit awards were also
omitted from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the applicant was an armor crewman for part of
the time that he was assigned to the 2nd Squadron, 1st Cavalry, and that he
held an 11E specialty.  As such, he did not meet the eligibility
requirement for award of the Combat Infantryman Badge.

2.  The evidence does, however, confirm that the applicant is entitled to
three bronze service stars on his Vietnam Service Medal, the Republic of
Vietnam Gallantry Cross Unit Citation with Palm, and the Republic of
Vietnam Gallantry Cross Unit Citation with Silver Star.  His records should
be corrected to reflect that information.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___MM__  ___TO __  ___JM __  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 that he is
entitled to three bronze service stars on his Vietnam Service Medal, the
Republic of Vietnam Gallantry Cross Unit Citation with Palm, and the
Republic of Vietnam Gallantry Cross Unit Citation with Silver Star.

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
award of the Combat Infantryman Badge.




                            ______Mark Manning_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040007247                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050405                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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