RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           21 June 2005
      DOCKET NUMBER:  AR20040007867


      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             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. McGann             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that he was awarded the CIB while
serving the Republic of Vietnam (RVN).  However, this award was not
included in the list of authorized awards contained on his separation
document (DD Form 214).

3.  The applicant provides a statement from his former platoon sergeant in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 27 August 1969.  The application submitted in this case is
dated
25 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’s record shows he was inducted into the Army of the
United States and entered active duty on 28 August 1967.  He was trained
in, awarded and served in military occupational specialty (MOS) 11D (Armor
Intelligence Specialist).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 17 January 1968 through 13 January 1969.  During
his RVN tour, he was assigned to H Troop, 17th Cavalry Regiment, 198th
Infantry Brigade, performing duties in MOS 11D as an armor intelligence
specialist.  Item 41 (Awards and Decorations) does not include the CIB in
the list of awards earned by the applicant during his active duty tenure.
The applicant last audited his DA Form 20 on 18 August 1969.  His Military
Personnel Records Jacket (MPRJ) is also void of any orders awarding him the
CIB.


5.  On 27 August 1969, the applicant was honorably separated at the
expiration of his term of service (ETS).  The DD Form 214 he was issued at
the time confirms he held and served in MOS 11D, and that he earned the
following awards during his tenure on active duty:  National Defense
Service Medal, Vietnam Service Medal, RVN Campaign Medal and Sharpshooter
Qualification Badge with Rifle Bar.  The applicant authenticated this
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged).

6.  The applicant provides a third-party statement from a retired
noncommissioned officer (NCO), who indicates he was the applicant’s platoon
sergeant in the RVN.  This NCO states that the applicant was awarded the
CIB on or about July or August 1968.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the Vietnam Service Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each RVN
campaign a member is credited with participating in while serving in the
RVN.  A silver service star is used in lieu of five bronze service stars,
to denote participation in five campaigns.

8.  Chapter 8 of the award regulations contains guidance on award of combat
badges.  It states, in pertinent part, that the CIB is awarded to infantry
officers and to enlisted and warrant officer personnel 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.  In
similar cases, the Awards Branch of the Human Resources Command (HRC) has
advised that during the Vietnam era the CIB was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (H Troop, 17th Cavalry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation.
10.  Army Pamphlet 672-3 further confirms that during his tenure of
assignment in the RVN, the applicant was credited with participating in the
following five campaigns:  Vietnam Counteroffensive Phase III, TET
Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V and Vietnam Counteroffensive Phase VI.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and the supporting
third-party statement he provided were carefully considered.  However, by
regulation, in order to qualify for the CIB, in addition to serving in
combat with a qualifying unit, an enlisted Soldier must have held a
qualifying infantry MOS.  According to Army HRC awards officials, during
the Vietnam era, CIB qualifying infantry MOSs included MOS 11B, 11C, 11F,
11G AND 11H.  MOS 11D was not considered an infantry MOS for CIB purposes
during this era.

2.  The evidence of record shows the applicant held and served in MOS 11D,
performing duties as an armor intelligence specialist, while serving in the
RVN.  As a result, he did not serve in a qualifying infantry MOS.
Therefore, there is an insufficient evidentiary basis to support award of
the CIB in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CIB on 27 August 1969.  Therefore, the
time for him to file a request for correction of any error or injustice
expired on 26 August 1972.  However, he failed to 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.

4.  The evidence of record did reveal that based on his RVN service and
campaign participation, he is entitled to the RVN Gallantry Cross with Palm
Unit Citation and 1 silver service star with his Vietnam Service Medal.
The omission
of these awards from his record and separation document is an
administrative matter that does not require Board action.  As a result,
administrative action to add these awards to his record 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

___MKP_  __PHM__  ___LMD _  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 that based on his service and campaign participation in
the RVN, he is entitled to the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and 1 silver service star with his Vietnam Service
Medal; and by providing him a corrected separation document that includes
these awards.




            ___Margaret K. Patterson___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007867                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/06/21                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/08/27                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Admin Note                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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