RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 June 2005
      DOCKET NUMBER:  AR20040009839


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 correction of his records to show award of the
Combat Infantryman Badge.

2.  The applicant states, in effect, that he served as an infantryman from
1966 through 1967 in Vietnam not under his primary Military Occupational
Specialty (MOS) 36K Field Wireman.  He further states that his First
Sergeant departed Vietnam before his 201 file could be corrected.

3.  The applicant provides no supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 September 1967.  The application submitted in this case is
dated 1 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 military records are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of his DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge).

4.  The applicant was inducted on 9 December 1965 and successfully
completed basic training and advanced individual training.  He was awarded
MOS 36K Field Wireman.  His last duty assignment and major command was with
C Company, 3rd Battalion, 12th Infantry, 4th Infantry Division in the
Republic of Vietnam.  He was released from active duty on 13 September
1967.

5.  The applicant's DD Form 214 shows award of the Vietnam Service Medal,
the Republic of Vietnam Campaign Medal with/60 device, the National Defense
Service Medal, and the Army Good Conduct Medal.



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

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons 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 U.S. Army Human Resources 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.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence of record does not show that the applicant was
awarded the Combat Infantryman Badge.  The applicant stated that he
performed infantryman duties and was assigned to an infantry unit in
Vietnam.  However, one of the three criteria for award of the Combat
Infantryman Badge is to hold an infantry MOS.  The evidence of record shows
and he acknowledged that while serving in Vietnam his primary was MOS 36K
Field Wireman which makes him ineligible for award of the Combat
Infantryman Badge.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1967.  Therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on.  12 September 1970.  However, 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MHM__  __EL____  __CAK__  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.




                                  ____ Mr. Melvin H. Meyer ___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040009839                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |9 June 2005                             |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |. . . .                                 |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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