RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:  13 July 2004
      DOCKET NUMBER:  AR20034100341


      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. Joyce A. Wright               |     |Analyst              |


  The following members, a quorum, were present:

|     |Mr. Samuel Crumpler               |     |Chairperson          |
|     |Mr. Stanley Kelley                |     |Member               |
|     |Mr. Mark Manning                  |     |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 that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states that he should have been awarded the CIB.  He was
involved in many firefights and was under heavy mortar and rocket fire on
several occasions.

3.  The applicant provides no documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error which occurred on
2 September 1969, the date of his separation.  The application submitted in
this case is dated 28 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 applicant’s military records show he was entered active duty on
19 September 1966, as field wireman.  He served in Vietnam from 1 April
1967  to 31 March 1968 (assigned to Headquarters and Headquarters Company
(HHC), 1st Battalion (Airborne), 503d Infantry) and from 10 September 1968
to 30 August 1969 (assigned to HHC, 1st Battalion, 503d Infantry, 173d
Airborne Brigade from 15 September to 23 October 1968; to HHC, 173d Support
Battalion, 173d Airborne Brigade from 24 October 1968 to 14 January 1969;
to HHC, 160th Aviation Group from 15 to 21 January 1969; to HHC, 2d
Battalion, 506th Infantry from 22 January to 19 May 1969; and to HHC,1st
Battalion, 502d Infantry from 20 May to 25 August 1969).  While serving in
Vietnam he served as a field wireman in military occupational specialty
(MOS) 36K.  He also served in MOS 11B as a pathfinder with the 160th
Aviation Group for approximately 7 days.  He was released from active duty
on 2 September 1969 and was transferred to the Army Reserve.

4.  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 Commendation Medal, the Parachutist Badge, the Sharpshooter
Qualification Badge with Rifle Bar, and two Overseas Service Bars.  His
separation document does not show the CIB as an authorized award.
5.  There are no orders in the applicant’s personnel records which show
that he
was awarded the CIB or an infantry MOS.  His records confirm that he served
in MOS 36K as a field wireman and as a pathfinder in MOS 11B in an aviation
unit for approximately 7 days during his tour in Vietnam.

6.  Item 38 (Record of Assignments) of his DA Form 20 (Enlisted
Qualification Record) shows the entry "Exc" (Excellent) for his conduct and
efficiency throughout his active duty service.  There is no evidence of
derogatory information contained in the available records.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB is
authorized to be awarded only to members with an infantry MOS, who served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  The Awards Branch of the Army Human
Resources Command has advised, in similar cases, that during the Vietnam
era the CIB was awarded only to enlisted individuals who held and served in
infantry MOS 11B, 11C, 11F, 11G, or 11H.

8.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency, and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

9.  Army Regulation 600-8-22 shows that while the applicant was assigned to
Vietnam he participated in seven campaigns.  The regulation also provides
that a bronze service star is authorized for the Vietnam Service Medal for
each campaign participated in.  A silver service star is authorized in lieu
of five bronze service stars.

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 the 1st Battalion, 503rd Infantry, 173rd Airborne
Brigade, it was cited for award of the Presidential Unit Citation for the
period 6 to 23 November 1967 by Department of the Army General Orders 42,
1969; the Meritorious Unit Commendation for the period 5 May 1965 to 4 May
1967 by Department of the Army General Orders Number 48, 1968; and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation for the period
5 May 1965 to 26 September 1970 by Department of the Army General Orders
Number 51, 1971.  While assigned to the 2nd Battalion, 506th Infantry, his
unit was cited for award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation for the period 3 October 1968 to 2 May 1970
by Department of the Army General Orders 48, 1971.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows that the applicant performed duties in MOS
36K as a field wireman and in MOS 11B as a pathfinder for approximately 7
days while serving in Vietnam.  There is no evidence of record, and the
applicant has provided no independent evidence, that shows he was ever
awarded the CIB.  His assignment in MOS 11B as a pathfinder for
approximately 7 in an aviation unit is not sufficient for awarding the CIB.
 Therefore, there is an insufficient evidentiary basis to warrant the
requested relief.

2.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 19 September 1966 to 2 September 1969 based on completion of
a period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

3.  The applicant participated in seven campaigns and is entitled to one
silver service star and two bronze service stars associated with the
Vietnam Service Medal.

4.  The applicant's unit was cited for award of the Presidential Unit
Citation and the Meritorious Unit Commendation and was awarded the Republic
of Vietnam Gallantry Cross with Palm Unit Citation and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show these awards.

BOARD VOTE:

__sc___  ___sk___  ___mm_____  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 showing that he was
awarded the first award of the Good Conduct Medal for the period
19 September 1966 to 2 September 1969, the Vietnam Service Medal with one
silver service star and two bronze service stars, the Presidential Unit
Citation, the Meritorious Unit Commendation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class 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.




            ___Samuel Crumpler___
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004100341                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040713                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690902                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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