RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 July 2005
      DOCKET NUMBER:  AR20040008870


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in effect, that his military occupational
specialty (MOS) was 11B20 (light weapons infantryman) while he was assigned
in Vietnam and he was supposed to get the Combat Infantryman Badge but the
headquarters was blown up on 18 May 1968.

3.  The applicant did not provide any additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 July 1969, the date of his release from active duty.  The
application submitted in this case is dated 3 May 2004 and was received on
18 October 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 military records show he enlisted on 31 August 1967 for
a period of 3 years.  He successfully completed basic combat and advanced
individual training and was awarded the military occupational specialty
11B10 (light weapons infantryman).  The records show that the applicant
served in Vietnam during the period from 12 February 1968 to 12 July 1968.


4.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
68, dated 8 March 1968, assigned the applicant to Headquarters Troop (HHT)
1st Squadron, 9th Cavalry.

5.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
107, dated 16 April 1968, assigned the applicant to the 6th Infantry
Platoon, to report on 18 April 1968.

6.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
126, dated 5 May 1968, assigned the applicant to HHT, 1st Squadron, 9th
Calvary.

7.  The applicant's DA Form 20 (Enlisted Qualification Record) shows that
his principal duty while assigned to the 6th Infantry Platoon and HHT, 1st
Squadron, 9th Cavalry was rifleman and senior rifleman.

8.  The applicant's DA Form 20 shows that the applicant's performance and
conduct was excellent during his entire enlistment.

9.  A history of the 1st Air Cavalry Division showed that the 1st and 3rd
Brigades launched "Operation Delaware" on 19 April 1968 in the A Shau
Valley securing several landing zones under fire from mobile 37mm cannon
and .50 caliber machine guns.  For the next month they scoured the valley
floor, clashing with enemy units and uncovering huge enemy caches of food,
arms, ammunition, rockets, and Russian made tanks.

10.  The applicant was released from active duty on 22 July 1969 due to
hardship. He had served 1 year, 10 months and 22 days of active service
characterized as honorable.  The highest grade the applicant held was
specialist four/pay grade E-4.

11.  There are no orders in the applicant's military service records
awarding him the Combat Infantryman Badge.

12.  A review of the applicant's records shows that he is entitled to
additional awards which are not listed on his DD Form 214.

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  Records do not show indiscipline or lost time.  His records do not
contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

14.  Based on the applicant's dates of service in Vietnam, Table B-1 of
Army Regulation 600-8-22 (Military Awards) shows he served in the Tet
Counteroffensive Campaign (30 January 1968 - 1 April 1968); the Vietnam
Counteroffensive, Phase IV Campaign (2 April 1968 - 30 June 1968); and the
Vietnam Counteroffensive, Phase V Campaign (1 July 1968 - 1 November 1968).

15.  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 all units assigned in Vietnam
from
8 February 1962 through 28 March 1973 were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, based on Department of the Army
General Order Number 8, dated 1974.

16.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the
Combat Infantryman Badge.  This paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

17.  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.

18.  Army Regulation 600-8-22 states, in pertinent part that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950 to the present time, the current
standard for award of the Army Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Army
Good Conduct Medal, disqualification must be justified.

19.  Army Regulation 600-8-22, in pertinent part, authorizes award of the
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation.  A silver star is worn instead of five
bronze service stars.  The regulations state that authorized bronze service
stars will be worn on the appropriate service medal, which in this case is
the Vietnam Service Medal.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.

2.  The applicant's military records show that he held an infantry
specialty and his performance of duty was excellent while assigned or
attached as a member of an infantry unit of brigade, regimental, or smaller
size.

3.  The evidence shows that the units to which the applicant was assigned
were actively engaged in ground combat during the timeframe the applicant
was assigned.  Therefore, it is reasonable to presume that the applicant
was personally present and under hostile fire while serving in an assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.

4.  Based on the foregoing, there is sufficient evidence to show that the
applicant is entitled to correction of his records to show award of the
Combat Infantryman Badge.

5.  The applicant is entitled to the first award of the Army Good Conduct
Medal based on completion of qualifying service during the period from 31
August 1967 to 22 July 1969 ending with termination of a period of Federal
military service.

6.  The applicant's military personnel records show he participated in
three campaigns during his service in Vietnam.  Therefore, he is entitled
to three bronze service stars to be worn on his Vietnam Service Medal.

7.  Based his service in the Republic of Vietnam he is entitled to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 July 1969, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 21 Jul 1972.  Although
the applicant did not file within the ABCMR's statute of limitations, the
evidence in this case warrants waiver of failure to timely file.

BOARD VOTE:

________  ________  ________  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:

      a.  the Combat Infantryman Badge;

      b.  the Army Good Conduct Medal for the period from 31 August 1967 to

22 July 1969;

      c.  three bronze service stars to be worn on his Vietnam Service
Medal; and

      d.  the Republic of Vietnam Gallantry Cross with Palm Unit Citation.





                            ______________________
                                      CHAIRPERSON



                                    INDEX

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


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