RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 June 2005
      DOCKET NUMBER:  AR20040010076


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Patrick H. Mcgann Jr.         |     |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 correction of his records to show awards of the
Combat Infantryman Badge and the Air Medal.

2.  The applicant states, in effect, that he was wounded while assigned in
Vietnam and received the Purple Heart.  He states that he did not receive
the Combat Infantryman Badge or the Air Medal for his combat service in
Vietnam.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with an ending date of 8 July 1971 and a
DD Form 214 (Report of Separation from Active Duty) with an ending date of
8 July 1977.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 8 July 1977.  The application submitted in this case is dated 4
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 requested correction of his records to show award of the
Air Medal.  There are no orders or other evidence authorizing award of this
decoration to the applicant.  In the absence of a proper award authority
for this decoration, the applicant may request award of the Air Medal under
the provisions of Section 1130, Title 10, United States Code.  He has been
notified by separate correspondence of the procedures for applying for the
decoration under section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

4.  The applicant was inducted in the Army on 9 October 1969 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).


5.  The applicant arrived in Vietnam and was assigned to A Company, 2nd
Battalion, 8th Cavalry, 1st Cavalry Division on or about 21 December 1970
where he performed duties as an Light Weapons Infantryman.  He departed
Vietnam on or about 21 April 1971 after being credited with participating
in one campaign.  The applicant was discharged on 8 July 1971 and
immediately reenlisted on 9 July 1971.

6.  The applicant's DD form 214 with the ending period of 8 July 1971 shows
he was awarded the National Defense Service Medal, the Vietnam Campaign
Medal, the Vietnam Service Medal, and the Purple Heart.

7.  The applicant was honorably discharged on 8 July 1977.  His DD Form 214
with the ending period of 8 July 1977 shows he was awarded the Republic of
Vietnam Campaign Medal, the National Defense Service Medal, the Purple
Heart, the Bronze Star Medal, the Republic of Vietnam Gallantry Cross
with/Palm, the Good Conduct Medal with bronze 3 loops, and the Marksman
Marksmanship Qualification Badge (Rifle).

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

9.  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.

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant was awarded the Bronze Star Medal and
the Purple Heart while assigned to A Company, 2nd Battalion, 8th Cavalry,
1st Cavalry Division while serving as an infantryman in an infantryman MOS
position. He is therefore eligible for award of the Combat Infantryman
Badge.


2.  The applicant's Vietnam Service Medal was erroneously omitted from his
DD Form 214 with the ending period of 8 July 1977.  His DD Form 214 should
be corrected to show this award.  His participation in one campaign
entitles him to one bronze service star to be worn on his Vietnam Service
Medal.  Therefore, his DD Form 214 should be amended to add these awards.

BOARD VOTE:

_ MKP __  __ PHM  _  __ LMD _  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:

      a.  awarding him the Combat Infantryman Badge; and

      b.  amending his DD Form 214 with the period ending 8 July 1977 to
show award of the Combat Infantryman Badge and add the Vietnam Service
Medal with one bronze service star.




                                  __ Ms. Margaret K. Patterson __
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040010076                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |21 June 2005                            |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |Mr. Schneider                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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