RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2005
      DOCKET NUMBER:  AR20040009423


      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. Klaus P. Schumann             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ronald E. Blakely             |     |Chairperson          |
|     |Mr. Lawrence Foster               |     |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 being in a civil affairs unit in
the Republic of Vietnam (RVN) from 1968 to 1969 and living in the jungle in
Mountain Yard [Montaignard] Village for 24 hours per day and 7 days per
week for fourteen months, entitles him to the CIB.   He further states that
he received the Purple Heart (PH) and participated in combat, which further
justifies him receiving the CIB.

3.  The applicant provides no additional evidence to support his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 June 1969.  The application submitted in this case was
received on 2 November 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 that he enlisted in the Army and entered
active duty on 14 November 1966.  He was trained in and awarded military
occupational specialty (MOS) 76P (Stock Control & Accounting Specialist)
and the highest rank he attained while serving on active duty was
specialist four (SP4).

4.   The applicant’s Enlisted Qualification Record (DA Form 20) shows, in
Item 31 (Foreign Service), that he served in the Republic of Vietnam from
18 June 1968 through 17 June 1969.  Item 38 (Record of Assignments) shows
that during this tour, he served with Headquarters and Headquarters Company
(HHC), 4th Supply and Transportation Battalion, 4th Infantry Division.


5.  The applicant’s DA Form 20 does not include the CIB among the list of
earned awards entered in Item 41 (Awards and Decorations).  Further, there
are no orders or other documents on file in the applicant’s military
records that indicate he was ever recommended for or awarded the CIB.

6.  On 17 June 1969, the applicant was honorably discharged.  The
separation document (DD Form 214) he was issued at this time contains a
list of the awards the applicant earned during the period of active duty
covered.   This list includes the Purple Heart, National Defense Service
Medal, Vietnam Service Medal, Vietnam Campaign Medal, 2 overseas service
bars, but does not include the CIB.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 contains
guidance on award of the CIB.  It states, in pertinent part, that there are
basically three requirements for award of the CIB; the Soldier must hold an
infantry specialty and be satisfactorily performing infantry duties; must
be assigned to an infantry unit of brigade or smaller size during such time
as the unit is engaged in active ground combat; and must actively
participate in such ground combat.

8.  Paragraph 2-13 of the Awards regulation contains guidance on award of
the Vietnam Service Medal and 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.  Table B-1 of the
awards regulation contains a list of campaigns and it shows that during the
applicant’s tenure of assignment in the RVN, campaign credit was granted
for the following five campaigns:  Vietnam Counteroffensive, Phase IV,
Vietnam Counteroffensive, Phase V, Vietnam Counteroffensive Phase VI, TET
69 Counteroffensive, 1969 and Vietnam Summer-Fall 1969.  The regulation
further provides that 5 campaigns will be represented by 1 silver service
star.

9.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states
that effective 1 March 1961 the Meritorious Unit Commendation was
authorized for units and/or detachments of the Armed Forces of the United
States for exceptionally meritorious conduct in the performance of
outstanding services for at least six continuous months in support of
military operations.
10.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for processing of foreign awards and decorations
presented to individuals and units.  This regulation, in pertinent part,
governed award of the Republic of Vietnam Gallantry Cross as a personal
decoration.  This decoration is awarded to personnel who have conducted
themselves with heroic action and have displayed deeds of valor while
fighting the enemy.  The more gallant and noteworthy the act, the higher
the level of the award.  This decoration was awarded in four degrees: with
Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to
accept and to wear a personal award of the Republic of Vietnam Gallantry
Cross required approval by the Commanding General of United States Army
Vietnam.  As with all foreign awards, each recipient of an approved foreign
award was provided a copy of the original citation from the foreign
government, a translation of the citation if necessary, and a letter
authorizing the recipient to receive and wear the decoration.

11.  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, the applicant’s unit (HHC, 4th Supply & Transportation
Battalion) was awarded the Meritorious Unit Commendation, RVN Civil Actions
Honor Medal First Class Unit Citation and RVN Gallantry Cross with Palm
Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, in order to qualify for the CIB, a soldier must hold an
infantry MOS, serve in a qualifying infantry unit and actively participate
in ground combat with the qualifying unit.  The evidence of record clearly
shows that the applicant held a Supply MOS and was assigned to a Supply and
Transportation Battalion while serving in the RVN.  Therefore, the
regulatory criteria necessary to support award of the CIB has not been
satisfied in this case.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 June 1972.  The applicant did not 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.
3.  The evidence of record confirms that based on his service and campaign
participation in the RVN, the applicant is entitled to the Meritorious Unit
Commendation, RVN Civil Actions Honor Medal First Class Unit Citation, RVN
Gallantry Cross with Palm Unit Citation and 1 silver service star for his
Vietnam Service Medal; however, these awards are not included in his record
or on his separation document.   Adding these awards to the applicant’s
record at this time 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

__reb___  __lf____  __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 his entitlement to the Meritorious Unit Commendation, RVN
Civil Actions Honor Medal First Class Unit Citation, RVN Gallantry Cross
with Palm Unit Citation and 1 silver service star for his Vietnam Service
Medal.



                                        Ronald E. Blakely
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009423                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(DENY)                                  |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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