RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           17 June 2004
      DOCKET NUMBER:   AR2004100078


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |


  The following members, a quorum, were present:

|     |Ms. Margaret Patterson            |     |Chairperson          |
|     |Mr. William Powers                |     |Member               |
|     |Ms. Mae Bullock                   |     |Member               |

      The applicant and counsel if any, did not appear before the Board.

      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 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge and/or
the Combat Action Ribbon.

2.  The applicant states that these awards were omitted from his discharge
document.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
17 January 1969.  The application submitted in this case is dated 20
October 2003.

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 Combat Action Ribbon is a Department of the Navy award; therefore,
this Board does not have authority to award the Combat Action Ribbon and it
is not discussed further in these Proceedings.  If the applicant had
service in the Navy and believes he is entitled to award of the Combat
Action Ribbon, then he may apply to the Board for Correction of Naval
Records.

4.  The applicant was inducted on 18 January 1967.  He was awarded military
occupational specialty (MOS) 12A (pioneer) and served in this MOS and MOS
12B (combat engineer) assigned to Company D and Company A, 27th Engineer
Battalion in Vietnam from 5 June 1967 through 3 June 1968.  On 17 January
1969, the applicant was released from active duty in the temporary rank of
specialist four after completing 2 years of creditable service with no time
lost.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal with two
bronze service stars, the Vietnam Campaign Medal, the National Defense
Service Medal, and the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar as authorized awards.

6.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.
7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

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 applicant's unit was cited for
award of the Meritorious Unit Commendation for actions during the period 1
April 1967 to
31 March 1968 by Department of the Army General Orders Number 38, dated
1970.

9.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
received the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Orders Number 43, dated
1970.

10.  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.

11.  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 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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant served in MOS 12A and MOS 12B
while assigned to an engineer battalion in Vietnam.  There is no evidence
of record which shows the applicant served in an infantry MOS or served in
active ground combat while an assigned member of an infantry unit of
brigade or smaller size in Vietnam.  Therefore, there is insufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

2.  The applicant was separated in the temporary rank of specialist four
with two years of creditable active service with no time lost.  Therefore,
it appears the applicant met the eligibility criteria for the first award
of the Good Conduct Medal for the period 18 January 1967 through 17 January
1969 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant's unit was cited for award of the Meritorious Unit
Commendation and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation while he was assigned to it.

4.   The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

BOARD VOTE:

MP____  WP_______  MB______  GRANT 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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 18 January 1967 through 17 January 1969; and


      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Meritorious Unit Commendation, the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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
award of the Combat Infantryman Badge.




            ___Margaret Patterson_
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004100078                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040617                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |