RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          25 August 2005
      DOCKET NUMBER:  AR20040007949


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 be awarded the Combat
Infantryman Badge (CIB) and all other awards he is entitled.

2.  The applicant states that he was assigned to an infantry unit in
Vietnam and should have been awarded the CIB and any other awards to which
he is authorized.

3.  The applicant provides a copy of his request to be assigned to a
fighting unit in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 19 July 1970.  The application submitted in this case is dated
20 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 limitation 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 records, which are somewhat incomplete, show that he
was born on 31 March 1949 and enlisted in the Regular Army on 12 July 1968
for a period of 2 years.  He completed his training, was awarded the
military occupational specialty (MOS) of a light weapons infantryman (11B)
and was transferred to Vietnam on 10 December 1968.

4.  Upon arrival in Vietnam, he was assigned to a combat engineer company
for duty as a pioneer in MOS 12A.

5.  On 1 May 1969, he requested transfer to an infantry unit in Chu Lai,
Republic of Vietnam.  His request was approved an on 28 July 1969, he was
reassigned to Company B, 4th Battalion, 31st Infantry Regiment, 196th Light
Infantry Brigade, 23rd (AMERICAL) Infantry Division.

6.  He departed Vietnam on or about 9 December 1969 and was transferred to
Fort Hood, Texas, where he was assigned to an armor company of the 2nd
Armored Division.  He remained at Fort Hood until he was honorably released
from active duty (REFRAD) in the pay grade of E-2 on 19 July 1970.  His
report of separation (DD Form 214) issued at the time of his REFRAD
indicates that he was awarded the National Defense Service Medal, the
Republic of Vietnam Campaign Medal and the Vietnam Service Medal with three
bronze service stars.

7.  A review of the available records fails to show that he was awarded the
CIB or any other awards that would tend to indicate his qualifications for
award of the CIB.

8.  Army Regulation 600-8-22 establishes the criteria for award of the CIB.
 It states, in pertinent part, that to be eligible for the CIB, an
individual must be an infantryman with an infantry military occupational
specialty (MOS) and must perform duty as an infantryman, as a member of an
infantry unit of brigade or smaller size, during any period in which that
unit was engaged in ground combat. Battle participation credit alone is not
sufficient and there is no automatic entitlement to that award.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Table 1 (Army Units in Numerical Order) of the pamphlet
indicates that subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Presidential Unit Citation (PUC) and the Republic of
Vietnam Gallantry Cross with Palm (RVNGC w/Palm) Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant was assigned as an infantryman with an infantry
unit in Vietnam, that in itself is not sufficient to warrant the award of
the CIB.  Not all infantryman who served in Vietnam were awarded the CIB
and in the applicant's case, there is no evidence to show that he engaged
the enemy in combat, that he was recommended for award of the CIB, or that
he was eligible to be awarded the CIB.  Therefore, absent such evidence,
there is no basis to award him the CIB at this time.

2.  The applicant’s records contain very little information regarding his
service in Vietnam and given the lack of such evidence, it must be presumed
that what the Army did 35+ years ago was correct.

3.  However, there is evidence to show that subsequent to his REFRAD, his
unit was awarded the PUC and the RVNGC w/Palm Unit Citation for the period
he served in Vietnam.  Accordingly, he is entitled to be awarded those
awards at this time and to have his records corrected accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__mkp___  __reb___  __lmb___  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 awarding him the PUC
and the RVNGC w/Palm Unit Citation.

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 CIB.




                                  Margaret K. Patterson
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040007949                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.107.0094              |140/RVNGC                               |
|3.107.0031              |77/PUC                                  |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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