RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            16 June 2005
      DOCKET NUMBER:  AR20040007812


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Kenneth W. Lapin              |     |Member               |
|     |Ms. Delia R. Trimble              |     |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 he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states that other members of his unit, the 554th
Engineers, who had the same military occupational specialty (MOS) and did
the same job he did during the Tet Offensive, have told him that they have
the CIB.

3.  The applicant provides 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 or injustice
which occurred on 14 February 1969.  The application submitted in this case
is dated 16 September 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 enlisted in the Regular Army on 16 February 1966.  He
completed basic combat training and advanced individual training and was
awarded MOS 62B (Engineer Equipment Repairman).

4.  The applicant arrived in Vietnam and was assigned to Company A, 554th
Engineer Battalion (Construction) on or about 21 March 1967.  He performed
duties as a 62B30 Engineer Equipment Repairman.  He departed Vietnam on or
about 22 March 1968 after receiving credit for participating in three
campaigns.

5.  The applicant was honorably released from active duty on 14 February
1969 in the rank of Specialist Four, E-4 after completing 2 years, 11
months, and       29 days of creditable active service.  His DD Form 214
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, one
overseas service bar, the Mechanic Badge, and the Expert Marksmanship
Qualification Badge with rifle bar.
6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency were rated as "excellent" throughout his enlistment
and there is no record of any disciplinary actions in his records.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  In pertinent part, it
states that the CIB was established during World War II to provide special
recognition of the unique role of the Army infantryman, the only Soldier
whose daily mission is to close with and destroy the enemy and to seize and
hold terrain.  The badge was intended as an inducement for individuals to
join the infantry while serving as a morale booster for infantrymen.

8.  In developing the CIB, the War Department did not dismiss or ignore the
contributions of other branches.  Their vital contributions to the overall
war effort were noted, but it was decided that other awards and decorations
were sufficient to recognize their contributions.  From the beginning, Army
leadership have taken care to retain the badge for the unique purpose for
which it was established.  The War Department received requests to award
the CIB to non-infantry individuals and units employed as infantry during
tactical emergencies.  All of those requests were disapproved based on the
fact that the regular infantryman lived, slept, ate, and fought as an
infantryman on a continuous and indefinite basis without regard to the
tactical situation.

9.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.

10.  Army Regulation 600-8-22 provides for the wear of one bronze service
star on the appropriate service medal for each campaign participation
credit.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

12.  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 that, at the time of the
applicant's assignment to the 554th Engineer Battalion, it was cited for
award of the Meritorious Unit Commendation for the period 14 April 1967
through 14 February 1968 by Department of the Army General Orders (DAGO)
Number 42 dated 1969.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 554th Engineer Battalion, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm unit citation
for the period April 1967 through August 1968 on DAGO Number 48 dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 554th Engineer Battalion, it was also cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
unit citation for the period 3 August 1967 through 9 February 1970 on DAGO
Number 43 dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.

2.  The applicant was not an infantryman and he was not assigned to an
infantry unit.  Therefore, even if he temporarily performed "infantry"
duties during the Tet Offensive, he does not meet the eligibility criteria
for award of the CIB.  If other members of his engineer unit who were not
infantryman were awarded the CIB, they were awarded it contrary to the
governing regulation.

3.  The applicant received "excellent" conduct and efficiency ratings
throughout his enlistment and his records contain no evidence of any
disciplinary action taken against him.  It appears he met the eligibility
criteria for award of the Army Good Conduct Medal.

4.  The applicant met the eligibility criteria for the wear of three bronze
service stars on the Vietnam Service Medal.

5.  The applicant was assigned to a unit during a period of time that unit
was awarded the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross with Palm unit citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class unit citation.  His DD Form 214 should be
amended to add these unit awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__rjw___  __kwl___  __drt___  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:

     a.  awarding him the Army Good Conduct Medal for the period 16
February 1966 through 14 February 1969; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm unit citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class unit citation, and to show he is authorized to wear three
bronze service stars on the Vietnam Service Medal.

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.




            __Raymond J. Wagner___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007812                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050616                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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