RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040010143


      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             |
|     |Mrs. Phyllis M. Perkins           |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Marla J. N. Troup             |     |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 his records be corrected to show the award of
the Combat Infantryman Badge.

2.  The applicant states, in effect, his record does not show the award of
the Combat Infantryman Badge for his service in Vietnam.

3.  The applicant provides a copy of DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with an effective date of 2
September 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 2 September 1971, the date of his release from active duty.
The application submitted in this case is dated 10 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 service personnel records are not complete.  There are,
however, sufficient records to permit consideration of his case.

4.  The available records show the applicant was inducted in the Army on
7 March 1969.  He completed basic and advanced individual training and was
awarded military occupational specialist (MOS) 11B10 (Infantryman).

5.  The applicant's records show he was released from active duty effective
2 September 1971 with an honorable discharge.

6.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows he served in the Republic of Vietnam from
24 September 1969 through 1 January 1970.  This form also shows the
applicant served three and a half months in Vietnam and did not complete a
normal tour.

7.  Item 38 (Record of Assignments) of his DA Form 20 does not show any
entries regarding the applicant's principal duties, his organization, and
location while assigned in Vietnam.

8.  Records show the applicant was in an absent without leave (AWOL) or
confined status from 23 April 1970 through 4 February 1971.

9.  Item 41 (Awards and Decorations) of the DA Form 20 only shows the entry
for the Expert Marksmanship Qualification Badge.

10.  Item 24 (Decorations Medals Badge, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows entitlement of the Expert Marksmanship Qualification Badge for
qualification on the M14 rifle and the entry "NDSM" [National Defense
Service Medal].

11.  Item 32 (Signature of Person Being Transferred or Discharged) of the
DD Form 214 shows the applicant authenticated this document.

12.  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 military
occupational specialty (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 (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.

DISCUSSION AND CONCLUSIONS:

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

2.  The records available contain no evidence which shows the applicant was
awarded the Combat Infantryman Badge.

3.  Records show the applicant served in an infantry MOS; however, there is
no evidence that he served in an infantry unit of regimental size or
smaller in ground combat, all of which are required by regulation for award
of the Combat Infantryman Badge.  In view of these facts, there is
insufficient basis for award of the Combat Infantryman Badge.
4.   Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 1 September 1974.  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

_KAN____  __WDP__  __MT___  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.




                                     ___Kathleen A. Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010143                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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