RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           28 July 2005
      DOCKET NUMBER:  AR20040009304


      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:

|     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he served as a door gunner on
helicopters while serving in the Republic of Vietnam (RVN) between 1971 and
1972.  He claims that the duty military occupational specialty (MOS) for a
door gunner was 11B (Infantryman).

3.  The applicant provides a copy of his separation document (DD Form 214),
flight status orders and an Air Medal (AM) certificate in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 March 1973.  The application submitted in this case is
dated
21 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 record shows he enlisted in the Regular Army and
entered active duty on 8 March 1971.  He was trained in and awarded MOS 67U
(Helicopter Repairer), and the highest rank he attained while serving on
active duty was specialist five (SP5).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 25 September 1971 through 30 September 1972.  During
his RVN tour, he was assigned to the 120th Aviation Company, performing
duties in MOS 67U as a helicopter repairer.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his tenure on active duty:  National
Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign
Medal, AM, Army Commendation Medal (ARCOM) and Sharpshooter Qualification
Badge with Rifle Bar.

6.  On 7 March 1973, the applicant was honorably released from active duty
after completing a total of 2 years of active military service.  The DD
Form 214 he
 was issued at the time shows he earned the following awards:  NDSM, AM,
ARCOM, VSM with 1 bronze service star, RVN Campaign Medal,
Sharpshooter Qualification Badge with Rifle Bar and 2 Overseas Bars.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on the VSM.  It states, in pertinent
part, that a bronze service star is authorized with this award for each
campaign a member is credited with participating in while serving in the
RVN.

8.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant’s tenure of assignment in the RVN,
campaign credit was authorized for the Consolidation I, Consolidation II
and Vietnam Cease-Fire campaigns.

9.  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.  The
Awards Branch of the Human Resources Command (HRC) has advised, in similar
cases, 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.

10.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the CIB was carefully
considered.  However, there is insufficient evidence to support this claim.
 As confirmed by the HRC Awards Branch, during the Vietnam era, award of
the
CIB was only authorized for enlisted individuals who held and served in MOS
11B, 11C, 11F, 11G, or 11H.

2.  The evidence of record in this case confirms the applicant held the MOS
67U and served as a helicopter repairer.  Further, the applicant served in
an aviation unit, not a qualifying infantry unit.  Thus, the regulatory
criteria necessary to support award of the CIB has not been satisfied in
this case.

3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice related to the CIB now under consideration on 7 March 1973.  As a
result, the time for him to file a request for correction of any error or
injustice expired on 6 March 1976.  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.

5.  The record does show that based on his RVN service and campaign
participation, the applicant is entitled to RVN Gallantry Cross with Palm
Unit Citation and 3 bronze service stars with his VSM.  The omission of
these awards from his record and separation document is an administrative
matter that does not require Board action.  Therefore, administrative
correction of the applicant's records 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

___WDP_  ___LCB _  ___JBG _  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 his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and 3 bronze service stars with his Vietnam
Service Medal; and by providing him a corrected separation document that
includes these changes.




            ____William D. Powers_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009304                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/07/28                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1973/03/07                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Adm Note                      |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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