RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 July 2005
      DOCKET NUMBER:  AR20040011419


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Lawrence Foster               |     |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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was involved in combat action
in Vietnam and should be awarded the Combat Infantryman Badge.

3.  The applicant provides a DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge) with an ending date of 13 December 1967
and a DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 December 1967.  The application submitted in this case is
dated 9 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 was inducted in the Army on 14 December 1965 and
successfully completed basic training and advanced individual training.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).

4.  The applicant arrived in Vietnam and was assigned to III Corps Advance
Group, U.S. Military Assistance Command Vietnam on 7 June 1966 where he
performed duties as a Security Guard.  He departed Vietnam on or about
19 May 1967 after being credited with participating in three campaigns.

5.  The applicant was released from active duty on 13 December 1967 and
assigned to the U.S. Army Reserve Control Group.

6.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the
Army Good Conduct Medal, and the Marksman Marksmanship Qualification Badge
(M-16).

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

8.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) list the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to the U.S. Military Assistance Command Vietnam, it
was cited for award of the Meritorious Unit Commendation for the period 8
March 1965 through 31 August 1967 based on Headquarters, Department of the
Army General Orders Number 10, dated 1968.

9.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters, U.
S. Army Vietnam and its subordinate units during the period 20 July 1965 to
28 March 1973.

10.  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.

11.  Army Regulation 600-8-22 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.  Evidence of record shows that the applicant was awarded an Infantryman
MOS.  However, evidence of record shows during his entire tour in Vietnam
he performed duties as a Security Guard with the U.S. Military Assistance
Command Vietnam.  There is no evidence in the available records and the
applicant has not provided evidence that he performed infantryman duties or
served in active ground combat while assigned to an infantry unit of
brigade or smaller size.  Thus there is insufficient evidence to show he is
eligible for award of the Combat Infantryman Badge.

2.  The applicant was assigned to a unit during a period the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
Meritorious Unit Commendation.  His participation in three campaigns
entitles him to three bronze service stars to be worn on his Vietnam
Service Medal.  Therefore, his DD Form 214 should be amended to add these
awards.

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

4.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant's records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ TSK  _  __ JTM  _  __ LF ___  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 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.

3.  The Board determined that administrative errors in the records of the
individual concerned 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, the Meritorious Unit Commendation, and three
bronze service stars to be worn on his Vietnam Service Medal.




                                  __ Mr. Ted S. Kanamine __
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011419                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |19 July 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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