RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          23 September 2004
      DOCKET NUMBER:  AR2004101615


      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. Luis Almodova                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Raymond J. Wagner             |     |Chairperson          |
|     |Mr. Roger Able                    |     |Member               |
|     |Ms. Eloise C. Prendergast         |     |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, in effect, that the Combat Infantryman Badge
(2nd Award); the Vietnam Service Medal, the Vietnam Campaign Medal; and the
Expert Marksmanship Qualification Badge, with Rifle Bar [M-16 Rifle] be
added to his separation document.

2.  The applicant states, in effect, that the above listed awards were
omitted from his DD Form 214, Report of Transfer or Discharge.

3.  The applicant provides statements from four individuals who served with
the applicant in support of his request.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel for the applicant chose to remain silent.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of error that occurred on 11
August 1973.  The application submitted in this case is dated 24 November
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 enlisted in the Regular Army for 2 years on 10 August
1971.  Following completion of basic combat training at Fort Lewis,
Washington, and advanced individual training at Fort Polk, Louisiana, he
was awarded the primary military occupational specialty 11B, Light Weapons
Infantryman.

4.  The applicant volunteered for and successfully completed Basic Airborne
Training and was awarded the Parachutist Badge on 12 May 1972.

5.  On 18 May 1972, the applicant was assigned to Company C, 1st Battalion
(Airborne), 325th Infantry, 82nd Airborne Division, Fort Bragg, North
Carolina.  He remained with this unit until he was released from active
duty.

6.  The applicant was honorably released from active duty on 11 August
1973, at the expiration of his term of service, in the rank and pay grade,
Private, E-2, with a total of 2 years active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized), of his DD Form 214, shows he was awarded the
National Defense Service Medal; the Parachutist Badge; the Marksman
Marksmanship Qualification Badge, with Pistol Bar [.45 caliber pistol]; the
Sharpshooter Marksmanship Qualification Badge, with Grenade Launcher [M-79
grenade launcher]; and the Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar [M-16 Rifle].  The DD Form 214 shows no awards that are
typically related to Vietnam service.

7.  A search of the applicant's personnel records were searched for orders
awarding him the Expert Marksmanship Qualification Badge, with Automatic
Rifle Bar [M-16 Rifle].  The current entry in Item 24 of the applicant's DD
Form 214 is corroborated by an entry in Item 29 (Qualification in Arms), of
the applicant's DA Form 20, Enlisted Qualification Record.

8.  A search of all available records was made to determine if the
applicant was ordered to serve in Vietnam on a temporary duty or another
basis.  There are no orders to show that he served in Vietnam at any time
during his enlistment in either a permanent or temporary duty status.

9.  Item 31 (Foreign Service), of the applicant's DA Form 20, Enlisted
Qualification Record, shows no entry documenting any service outside the
Continental United States.

10.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
no entry to indicate that he was assigned to any other duty station on a
permanent duty status besides at Fort Bragg.

11.  Item 39 (Campaigns), of the applicant's DA Form 20, is void of any
entry awarding him campaign participation credit for service in Vietnam.

12.  A search of all available records was made for orders awarding the
applicant the Combat Infantryman Badge or the Combat Infantryman Badge (2nd
Award).  No orders were found awarding him the Combat Infantryman Badge or
the Combat Infantryman Badge (2nd Award).

13.  Army Regulation (AR) 600-8-22 provides, in pertinent part, for award
of the Vietnam Service Medal.  This medal is awarded to all members of the
Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

14.  AR 600-8-22 provides, in pertinent part, for award of the Vietnam
Campaign Medal.  This medal was awarded by the Government of Vietnam 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.  Qualifying
service outside the geographical limits of the Republic of Vietnam required
the individual to provide direct combat support to the Republic of Vietnam
and Armed Forces.  Individuals who had qualified for award of the Vietnam
Service Medal or the Armed Forces Expeditionary Medal and were evacuated
prior to completing six months of service due to wounds resulting from
hostile action were entitled to award of the Vietnam Campaign Medal.

15.  AR 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 (formerly known as the Total Army Personnel 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.

16.  Statements that were prepared for and submitted by the applicant in
support of his request have been noted; however, these statements are not
supported by information contained in official Army records.

DISCUSSION AND CONCLUSIONS:

1.  The evidence submitted by the applicant is insufficient and is not
corroborated by official Army records to show that he served in the
Republic of Vietnam.

2.  In the absence of any evidence showing that the applicant served in the
Republic of Vietnam, he is ineligible to have the Vietnam Service Medal and
the Republic of Vietnam Campaign Medal added to his DD Form 214.
3.  There is no evidence to show that the applicant was awarded the Combat
Infantryman Badge or the Combat Infantryman Badge (2nd Award).  He is
therefore not entitled to have these awards added to his DD Form 214.

4.  There is no evidence, and the applicant submitted none to show that he
was awarded the Expert Marksmanship Qualification Badge, with Automatic
Rifle Bar [M-16 Rifle].  The currently shown entry on the applicant's
separation document, "Marksman Marksmanship Qualification Badge, with
Automatic Rifle Bar" is corroborated by an entry on the applicant's DA Form
20.  The applicant is therefore not eligible to have the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar, added to his DD
Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 11 August 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 10 August 1976.  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 file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rjw___  __ra____  __ecp___  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.



                                  Raymond J. Wagner
            ______________________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR2004101615                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040923                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.  119                 |107.0073                                |
|4.  134                 |107.0088                                |
|5.  154                 |107.0108                                |
|6.                      |                                        |



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