RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 August 2995
      DOCKET NUMBER:  AR20040010157


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |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 a second award of the Combat Infantryman Badge
and the Good Conduct Medal.

2.  The applicant states that he feels these awards are missing from his
records as a result of an “oversight.”  He received the first award of the
Combat Infantryman Badge for service in the Dominican Republic in July of
1965.

3.  The applicant provides copies of: his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge); orders announcing award of
the Purple Heart; orders promoting him to pay grade E-5; and, orders
announcing award of the First Award of the Combat Infantryman Badge, dated
21 July 1965.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel defers to applicant’s request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 13 September 1967.  The application submitted in this case is
dated 29 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 limitation 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 show that he enlisted in the Regular
Army on 14 September 1964 and completed training in Military Occupational
Specialty 11B10 (Light Weapons Infantryman).  He served at Fort Bragg,
North Carolina and in the Dominican Republic with C Company, 2d Battalion,
505th Infantry, where he was awarded the Combat Infantryman Badge.  The
applicant was later assigned to Vietnam where he served from 23 January to
14 October 1966 with A Company, 1st Battalion, 7th Cavalry, 1st Cavalry
Division (Airmobile).  The applicant then returned to Fort Benning, Georgia
where he completed his term of enlistment and was honorably separated from
active duty in pay grade E-5 on 13 September 1967.
4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
shows that he is entitled to the following decorations: the Purple Heart;
the Armed Forces Expeditionary Medal; the Vietnam Service Medal; the
National Defense Service Medal; the Vietnam Campaign Medal; the Parachutist
Badge; the Combat Infantryman Badge; and, the Expert Marksmanship Badge
with Rifle Bar.  No other awards or decorations are listed.

5.  A DD Form 215 (Correction to DD Form 214, Certificate of Release or
Discharge from Active Duty), dated 24 March 2003, added the Republic of
Vietnam Gallantry Cross with Palm Unit Citation to Item 24 of the
applicant’s DD Form 214, dated 13 September 1967.

6.  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.  They must have served in active ground combat
while assigned or attached to an infantry unit of brigade, regimental or
smaller size.  The regulation also states:  “To date, a separate award of
the Combat Infantryman Badge has been authorized for qualified Soldiers in
any of three conflicts:  World War II (7 December 1941 to 3 September
1945), the Korean Conflict (27 June 1950 to 27 July 1953), and the Vietnam
Conflict.  Service in the Republic of Vietnam conflict (after 1 March 1961)
combined with qualifying service in Laos (19 April 1961 to 6 October 1962),
the Dominican Republic (28 April 1965 to 1 September 1966), Korea on the
DMZ (after 4 January 1969), Grenada (23 October to 23 November 1983),
Panama (20 December 1989 to 31 January 1990), and the Persian Gulf War (17
January to 11 April 1991) is recognized by one award only, regardless of
whether a Soldier had served one or multiple tours in any or all of these
areas.”

7.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

8.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

9.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  The appendix shows
that the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Counteroffensive; and, Vietnam
Counteroffensive Phase II.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant received the First Award of
the Combat Infantryman Badge during the Vietnam Conflict era.  While he did
serve two tours during the qualifying period (Dominican Republic and
Vietnam), he is entitled to only one award of the badge.  Therefore, he is
not entitled to a second award of the Combat Infantryman Badge, or
correction of his records to show a second award of this combat badge.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show that his conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service, the
applicant is entitled to the first award of the Good Conduct Medal based on
completion of a period of qualifying service from 14 September 1964 to 13
September 1967.  Therefore, he is entitled to correction of his records to
show this award.

3.  Evidence of record shows that the applicant received the Vietnam
Service Medal and participated in two campaigns.  As a result, he is
entitled to award of two bronze service stars, to be affixed to the Vietnam
Service Medal, and correction of his records to show these appurtenances.


BOARD VOTE:

________  ________  ________  GRANT RELIEF

___lmd __  ____jea _  ___rtd___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 showing award of:

      a. the First Award of the Good Conduct Medal, for the period
14 September 1964 to 13 September 1967; and,

      b. two bronze service stars, to be affixed to the Vietnam Service
Medal.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
a second award of the Combat Infantryman Badge.




            __________James E. Anderholm_________
                               CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040010157                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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