RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          13 October 2005
      DOCKET NUMBER:  AR20040011623


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann Jr.         |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Combat Infantryman Badge.

2.  The applicant states that he served in Vietnam and his DD Form 214 is
incorrect in that it lacks entry of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 29 March 1966.  The application submitted in this case is dated
16 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 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 3 April 1963 and completed training in Military Occupational
Specialty 723.10 (Communications Center Specialist).  He was assigned to
Fort Riley, Kansas, and later, Vietnam where he served in Military
Occupational Specialty 52B20 (Powerman) from 21 September 1965 to 28 March
1966 with Company C, 121st Signal Battalion.  The applicant then returned
to the United States, where he was honorably separated from active duty in
pay grade E-4 on 29 March 1966.

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 Vietnam Service
Medal; the Good Conduct Medal; and, the Expert Marksmanship Badge with
Rifle Bar.  No other awards or decorations are listed.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge. The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry or special forces specialty and
satisfactorily perform duty while assigned or attached as a member of an
infantry, ranger or special forces unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.  A
recipient must be personally present and under hostile fire while serving
in an assigned infantry or special forces primary duty, in a unit actively
engaged in ground combat with the enemy.

6.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
provided, in pertinent part, for award of the Combat Infantryman Badge.
Appendix 3 to Annex A of this regulation listed positions which qualified
for award of the Combat Infantryman Badge.  The regulation authorized award
of the Combat Infantryman Badge to radio operators serving in Military
Occupational Specialty 05B, provided their primary duty was to accompany
infantry or infantry-type units on tactical operations.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the National
Defense Service Medal is awarded for honorable active service for any
period between 27 July 1950 through 27 July 1954, 1 January 1961 through 14
August 1974, 2 August 1990 through 30 November 1995 and 11 September 2001
to a date to be determined.

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 unit, to which the applicant
was assigned, was cited for award of the Republic of Vietnam Gallantry
Cross Unit Citation with Palm for the period 12 July 1965 to 16 October
1968 by Department of the Army General Orders Number 21, dated 1969.

9.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  The Government of Vietnam awarded this medal to
all members of the Armed Forces of the United States for qualifying service
in Vietnam during the period 1 March 1961 through 28 March 1973.
Qualifying service included assignment in Vietnam for 6 months or more.

10.  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 Defense and Vietnam Counteroffensive.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence that the applicant was ever awarded an infantry
Military Occupational Specialty or that he served in Military Occupational
Specialty 05B.  There is no evidence that he was assigned to an infantry
unit of brigade, regimental, or smaller size when the unit was engaged in
active ground combat.  There are no orders in the applicant’s service
personnel records that show that he was awarded the Combat Infantryman
Badge.  Therefore, he is not entitled to the Combat Infantryman Badge or
correction of his records to show this combat badge.

2.  Evidence of record shows that the applicant served honorably between
1 January 1961 and 14 August 1974.  Therefore, he is entitled to award of
the National Defense Service Medal and correction of his records to show
this service medal.

3.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

4.  Evidence of record shows the applicant served more than 6 months in the
Republic of Vietnam.  Therefore, he is entitled to award of the Vietnam
Campaign Medal and correction of his records to show this foreign service
medal.

5.  Evidence of record shows 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.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 March 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 28 March 1969.  However, 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.

7.  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

___tsk  __  ___phm_  ____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 award of:

      a. the National Defense Service Medal;

      b. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;

      c. the Vietnam Campaign Medal; and,

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




            __________Ted S. Kanamine________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040011623                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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