RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 September 2005
      DOCKET NUMBER:  AR20040011500


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Eric N. Anderson              |     |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 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show he was awarded
the Combat Infantryman Badge (CIB).

2.  The applicant states he was not aware he was entitled to the CIB.

3.  The applicant provides:

      a.  DD Form 214.

      b.  DA Form 20 (Enlisted Qualification Record).

      c.  Picture of Soldier wearing CIB on combat fatigues.

      d.  Picture of Soldier allegedly in Saigon, Republic of Vietnam
(RVN).

      e.  Picture of Soldier allegedly in Cu Chi, RVN

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 September 1966.  The application submitted in this case is
dated 13 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 into the Army of the US on 11 December 1964.
 He was trained at Fort Gordon, Georgia between January-May 1965.  He was
awarded military occupational specialty (MOS) 11C (Infantry Indirect Fire
Crewman).  He was assigned to Headquarters and Headquarters Company (HHC),
2nd Battalion, 27th Infantry, Hawaii, with duty in his MOS.

4.  In January 1966, the applicant's unit was transferred to the RVN.  He
served in the RVN from on/about 16 January 1966 to on/about 30 April 1966
with HHC, 2nd Battalion, 27th Infantry.  On/about 1 May 1966, he was
reassigned to HHC, 2nd Brigade, 25th Infantry Division.  His duty MOS
during this period was 11C.

5.  The applicant departed the RVN en route to the US on/about 7 September
1966.  At the US Army Personnel Center, Oakland, California, he was
honorably released from active duty on 13 September 1966.  His DD Form 214
shows he was awarded the Good Conduct Medal, National Defense Service
Medal, Vietnam Service Medal, Vietnam Campaign Medal, and the Marksman
Marksmanship Qualification Badge with M-14 Rifle Bar.

6.  There are no orders in the applicant's records showing he was awarded
the CIB.  The applicant's DA Form 20 in Item 41 (Awards and Decorations)
does not show that he was awarded the CIB.

7.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states:

      a.  The CIB is awarded to infantry officers and to enlisted and
warrant officer personnel 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 Total Army
Personnel Command has advised, in similar cases, that during the Vietnam
era, the CIB was awarded only to enlisted individuals who held and served
in MOS 11B, 11C, 11F, 11G, or 11H.

      b.  Award of a bronze service star, based on qualifying service, is
authorized for each campaign listed in Appendix B of the regulation.
Authorized bronze service stars will be worn on the appropriate service
medal.  The applicant served in the RVN during three campaigns:
Counteroffensive (25 December 1965-30 June 1966); Counteroffensive, Phase
II (1 July 1966-31 May 1967); and Counteroffensive, Phase III (1 June 1967-
29 January 1968).





8.  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 the units to which the applicant
was assigned were cited for award of:

      a.  the Valorous Unit Award for the period January-April 1966 by
Department of the Army General Order (DAGO) Number 20, dated 1967;

      b.  the Vietnam Gallantry Cross Unit Citation with Palm for the
period January 1966 to August 1968 by DAGO Number 48, dated 1971; and

      c.  the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 January 1966 to 21 January 1970 by
Department of the Army General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant possessed an infantry MOS and served in Vietnam
with infantry units of brigade, regimental or smaller size, there is no way
to tell whether he actually participated in active ground combat, a
necessary prerequisite for award of the CIB.

2.  There are no orders in the applicant's service records, nor is there an
annotation on his DA Form 20, to show that he was awarded the CIB.

3.  The applicant has not provided sufficient proof that he was awarded the
CIB.  Without such proof, the requested correction to his DD Form 214
cannot be made.

4.  The available records show the applicant is entitled to award of the
Valorous Unit Award, the Vietnam Gallantry Cross Unit Citation with Palm,
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and three bronze service stars for wear on his Vietnam Service
Medal.  These are administrative corrections.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 September 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 September 1969.  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.

6.  Evidence shows that the applicant’s records contain administrative
error which does 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

__js____  __ena___  __cak___  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.

3.  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 that he was awarded the Valorous Unit Award, the Vietnam
Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and three bronze service
stars for wear on his Vietnam Service Medal.


                                        John Slone
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20040011500                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050915                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107..0111                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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