RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 September 2004
      DOCKET NUMBER:  AR2004103645


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Mark D. Manning               |     |Chairperson          |
|     |Ms. Karen A. Heinz                |     |Member               |
|     |Mr. Robert Duecaster              |     |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 award of the Combat Infantryman Badge (CIB) and
other, related awards.

2.  The applicant states that he recently became aware that a variety of
ground troops now receive the CIB.  Since Desert Storm and most recently in
Iraq and Afghanistan, troops in active ground combat against enemy hostile
forces now receive this award.  The key requirement seems to be that the
soldier be personally present, under fire, and directly engaged with
hostile ground forces.  Even without an infantry military occupational
specialty (MOS), the first and foremost duty of any soldier is ultimately
that of a ground infantryman.

3.  The applicant states that while assigned to the 8th Radio Research
Field Station (RRFS) in Phu Bai, Vietnam, enemy engagements consisted
mostly of ground fire directed towards the 8th RRFS's compound and the base
perimeter. When he transferred to the 407th Radio Research Detachment (RRD)
based in Quang Tri, he was engaged in compound and base containment.  He
returned weapons fire during active ground hostilities and was personally
present and under fire.  While in Quang Tri, he participated in on-going
engagements protecting the 407th RRD and the Quang Tri base perimeter.  In
addition, his unit participated in sorties to the 407th's outlying areas of
responsibility.

4.  The applicant states that, although he did not hold an infantry MOS,
his duties resulted in continued encounters with ground enemy hostile
forces.  He received the Army Commendation Medal and the Bronze Star Medal,
the latter for "Military Operations against a Hostile Force…"  He was
awarded the Vietnam Service Medal with two bronze service stars.

5.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge); a history of the 407th RRD; his
Army Commendation Medal certificate and citation; his Bronze Star Medal
certificate and citation; and a letter from the National Personnel Records
Center dated      22 December 2003.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 February 1972.  The application submitted in this case
is dated 21 January 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 enlisted in the Regular Army on 15 July 1968.  He
completed basic combat training and advanced individual training and was
awarded primary MOS 76P (Stock Control and Accounting Specialist).  He
completed further training and was awarded primary MOS 76U
(Communications/Electronic Repair Parts Specialist).

4.  The applicant arrived in Vietnam and was assigned to Headquarters
Company, 8th RRFS on 23 November 1969.  He was transferred to the 407th RRD
on 26 May 1970.  He performed duties in MOS 76U in both units.  He departed
Vietnam on 7 November 1970 after being credited with participation in three
campaigns.

5.  The applicant separated on 14 February 1972.  His DD Form 214 shows he
was awarded the National Defense Service Medal, the Army Commendation
Medal, the Republic of Vietnam Campaign Medal, the Bronze Star Medal, the
Army Good Conduct Medal, the Vietnam Service Medal, the Sharpshooter
Qualification Badge (Rifle M-16), and the Expert Qualification Badge (Rifle
M-14).

6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  In pertinent part, it
states that the CIB was established during World War II to provide special
recognition of the unique role of the Army infantryman, the only soldier
whose daily mission is to close with and destroy the enemy and to seize and
hold terrain.  The badge was intended as an inducement for individuals to
join the infantry while serving as a morale booster for infantrymen.  There
are basically three requirements for award of the CIB.  The soldier must be
an infantryman satisfactorily performing infantry duties, must be assigned
to an infantry unit during such time as the unit is engaged in active
ground combat, and must actively participate in such ground combat.

7.  In developing the CIB, the War Department did not dismiss or ignore the
contributions of other branches.  Their vital contributions to the overall
war effort were noted, but it was decided that other awards and decorations
were sufficient to recognize their contributions.  From the beginning, Army
leadership have taken care to retain the badge for the unique purpose for
which it was established.  The War Department received requests to award
the CIB to non-infantry individuals and units employed as infantry during
tactical emergencies.  All of those requests were disapproved based on the
fact that the regular infantryman lived, slept, ate, and fought as an
infantryman on a continuous and indefinite basis without regard to the
tactical situation.

8.  Commander, U. S. Total Army Personnel Command message date time group
271911 March 2003, Subject:  Delegation of Wartime Approval Authority –
Operations in Iraq, provided guidance for award of the CIB in the current
conflict in Iraq.  Paragraph 7 states that authority to award the CIB and
Combat Medical Badge is as authorized by paragraphs 8-6 and 8-7, Army
Regulation 600-8-22.  It also states, "The CIB may be awarded only to
infantry and Special Forces officers and enlisted soldiers (other than
Special Forces medics) who satisfactorily perform infantry or Special
Forces duties in active ground combat."

9.  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 in Vietnam, both the 8th RRFS and the 407th RRD were
cited for award of the Meritorious Unit Commendation for the period 1
January 1969 through              31 December 1970 by Department of the
Army General Orders (DAGO) Number 43 dated 1972 and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation for the period 1 January 1970
through 3 March 1971 on DAGO Number 6 dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant may have performed infantry-type duties at
times, he was not an infantryman.  The regulation, and the intent of the
War Department in establishing the CIB, is clear – the CIB is meant for the
full-time infantryman.  The War Department fully understood and took into
account that any soldier might have to perform infantry duties during an
emergency.  However, the War Department intended the CIB only for the
regular infantryman who lived, slept, ate, and fought as an infantryman on
a continuous and indefinite basis without regard to the tactical situation.


2.  The applicant's understanding that "a variety of ground troops now
receive the CIB" and that the "key requirement seems to be that the soldier
be personally present, under fire, and directly engaged with hostile ground
forces" is erroneous. The current guidance for award of the CIB for the war
in Iraq is unequivocal -  the CIB may be awarded only to infantry and
Special Forces officers and enlisted soldiers (other than Special Forces
medics) who satisfactorily perform infantry or Special Forces duties in
active ground combat.

3.  The Nation is grateful for and appreciates the contributions the
applicant made during his service in Vietnam.  The Army recognized his
contributions by awarding him the Army Commendation Medal and the Bronze
Star Medal.  However, the evidence of record shows he did not meet the
eligibility criteria for award of the CIB.

4.  The evidence of record shows the applicant participated in three (not
two) campaigns and so is authorized to wear three bronze service stars on
the Vietnam Service Medal.  His DD Form 214 should be corrected to reflect
this fact.

5.  The applicant also was assigned to units during a period of time those
units were awarded the Meritorious Unit Commendation and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.  His DD Form 214 should
also be corrected to add these two awards.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 February 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on    13 February 1975.  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
errors which do 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

__mdm___  __kah___  __rd____  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct his DD Form 214 to add the
Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and to show he is authorized to wear three bronze
service stars on the Vietnam Service Medal.




            ___Mark D. Manning___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103645                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20040914                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |

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