RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040011205


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Eric N. Andersen              |     |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 that his DD Form 214 (Report of Transfer or
Discharge) be corrected to show award of a combat medal (Combat Infantryman
Badge), a Presidential Unit Citation and a second award of the Good Conduct
Medal.

2.  The applicant states that even though he did not possess an infantry
military occupational specialty (MOS), he was attached to two infantry
divisions and a Marine division, he participated in all aspects of infantry
activities and was told that he would receive a combat medal.  He also
states he never received a corrected copy of his DD Form 214, and now he
needs it to show his combat medal to make his record complete and accurate.


3.  The applicant provides no additional documents to support his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 April 1968, the date of his separation from active duty.
The application submitted in this case is dated 7 December 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 show that he entered active duty on
             6 July 1966.  He successfully completed basic training and
advanced individual training and was awarded the MOS 05C (Radio Teletype
Operator).  He served in Vietnam from 7 March 1967 through 12 April 1968 as
a radio teletype operator with A Company, 53rd Signal Battalion.  He was
honorably discharged on         11 April 1968 and transferred to the Army
Reserve Control Group.





4.  The applicant's DD Form 214 shows in item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the National Defense Service Medal, the
Vietnam Campaign Medal , the Meritorious Unit Commendation with Oak Leaf
Cluster, the Vietnam Service Medal, the Good Conduct Medal, and Aviation
Wings.  The Combat Infantryman Badge is not listed.

5.  There are no orders in the applicant's personnel records which show he
was awarded the Combat Infantryman Badge.

6.  The applicant's DA Form 20 (Enlisted Qualification Record) shows while
he was in the Republic of Vietnam, he performed duty in the MOS of 05C from
       11 March 1967 through 8 April 1968.

7.  There is no evidence of record which shows he served in an infantry
position during his assignment in the Republic of Vietnam.

8.  Records show that the applicant was awarded the Good Conduct Medal
(First Award) on 12 April 1968.

9.  Review of the applicant's personnel records indicate that he is
eligible for additional awards that are not show on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant's assignment to A Company, 53rd Signal Battalion, that unit was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists, in
pertinent part, the military campaign periods of the Vietnam War.  Based on
the applicant's dates of service in Vietnam, Appendix B shows that he
participated in the following four campaigns: Vietnam Counteroffensive,
Phase II Vietnam Counteroffensive, Phase III, TET Counteroffensive, and
Vietnam Counteroffensive, Phase IV.

12.  Army Regulation 600-8-2, 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.

13.  Army Regulation 600-8-22 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 (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.

14.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, "the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat."  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge, Presidential Unit Citation, and a second Good Conduct
Medal.

2.  Records show that the applicant served as a radio operator in MOS 05C
with the 53rd Signal Battalion while he was in Vietnam.




3.  There is no evidence which shows the applicant served in an infantry
MOS or served in active ground combat while an assigned member of an
infantry company in Vietnam.

4.  In view of the foregoing, the applicant does not meet the eligibility
criteria for award of the Combat Infantryman Badge.

5.  Records show that A Company, 53rd Signal Battalion, was not awarded the
Presidential Unit Citation.  Therefore, there is no basis for correcting
the applicant's records to show award of the Presidential Unit Citation.

6.  The applicant was separated on 11 April 1968 with 1 year, 9 months and
       6 days of active service and had no lost time.  The applicant's
available records show he received a Good Conduct Medal for this period of
service.  There is no record that shows he served another period of service
thereafter.  Therefore, there is no reason to award the applicant a second
award of the Good Conduct Medal.

7.  Records show that the applicant participated in four campaigns while he
was in Vietnam.  Therefore, he is entitled to award of four bronze service
stars to be worn on his Vietnam Service Medal.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 April 1968.  Therefore, the time
for the applicant to file a request for correction of an error or injustice
expired on 10 April 1971.  The applicant did not file within the ABCMR’s 3-
year statute of limitations and has not provided compelling explanation or
evidence to show that it would be in the interest or justice to excuse
failure to timely file in this case.

9.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and four bonze service star
for wear on his Vietnam Service Medal.  The omission of these awards from
his record is an administrative matter and does not require Board action to
correct.  Thus, administrative correction of his record will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___cak __  ___jns  _  ___ena __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 basic for correction of the
individual concerned to show award of the Presidential Unit Citation,
Combat Infantryman Badge, and the second award of the Good Conduct Medal.

2.  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 award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and four bronze service stars to be affixed to the
Vietnam Service Medal.




                                  ______John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011205                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/15                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Deny                                    |
|REVIEW AUTHORITY        |MR. CHUN                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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