RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           16 November 2004
      DOCKET NUMBER:  AR2004103890


      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. Joseph A. Adriance            |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Ms. Eloise C. Prendergast         |     |Member               |
|     |Mr. Robert Rogers                 |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that his service record will confirm
his entitlement to the CIB.

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that occurred on 12 May 1969.  The application submitted in this case is
dated
9 February 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 record shows that he initially enlisted in the Regular
Army (RA) and entered active duty on 24 January 1966.  He was trained in
and awarded military occupational specialty (MOS) 11B (Infantryman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) that
documents his active duty service between 24 January 1966 and 12 May 1969
confirms he served in the Republic of Korea from 6 January 1967 through 7
August 1968.  This record does not indicate he served in the Republic of
Vietnam (RVN) or any other combat area during this enlistment.

5.  On 12 May 1969, the applicant was honorably released from active duty
by reason of expiration of term of service (ETS) after completing a total
of 3 years of creditable active military service and accruing 106 days of
time lost due to being absent without leave (AWOL).
6.  On 8 September 1969, the applicant reenlisted and reentered the RA on
active duty.  He continued to serve until being honorably discharged for
the purpose of immediate reenlistment on 1 July 1971.  On 2 July 1971, he
reenlisted for 6 years.

7.  The Personnel Qualification Record (DA Form 2-1) prepared on the
applicant on 30 October 1974 confirms he served in the RVN from 1 October
1971 through 12 June 1972.  However, Item 35 (Record of Assignments) does
not list his unit of assignment during this RVN tour.  Item 9 (Awards,
Decorations and Campaigns) shows he earned the following awards:  National
Defense Service Medal (NDSM), Armed Forces Expeditionary Medal (AFEM),
Vietnam Service Medal (VSM), RVN Campaign Medal with 60 Device, Bronze Star
Medal (BSM), and RVN Gallantry Cross with Palm Unit Citation.

8.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of Headquarters, 3rd Brigade (Separate), 1st Cavalry Division General
Orders Number 1368, dated 3 May 1972.  These orders awarded the applicant
the BSM, for meritorious service in connection with ground operations
against a hostile enemy force in the RVN during the period October 1971
through April 1972.  These order also listed the applicant’s unit of
assignment as Company A, 2nd Battalion, 8th Cavalry Regiment.

9.  On 13 February 1976, the applicant was honorably discharged under the
provisions of chapter 13, Army Regulation 635-200, by reason of
unsuitability.  The DD Form 214 he was issued upon his final discharge
shows he completed a total of 8 years, 3 months and 22 days of creditable
active military service and that he had accrued 410 days of time lost
during the period covered by the separation document due to AWOL.  Item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) shows that he earned the following awards during his
active duty tenure:  NDSM, BSM, AFEM, VSM, RVN Campaign Medal with 60
Device and RVN Gallantry Cross with Palm Unit Citation.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 of the
awards regulation contains guidance on award of the VSM and it states, in
pertinent part, that a bronze service star is authorized with this award
for each campaign a member is credited with participating in while serving
in the RVN.
11.  Paragraph 8-6 of the awards regulation contains the criteria for
awarding the CIB. It states, in pertinent part, that 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.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, he received campaign participation credit for the
following three campaigns:  Consolidation I, Consolidation II, and Vietnam
Cease-Fire.

DISCUSSION AND CONCLUSIONS:

1.  By regulation, there are three basic requirements to earn 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.

2.  The evidence of record confirms the applicant served in a qualifying
infantry MOS, in a qualifying infantry unit during his tour in the RVN.
Further although there is no specific evidence confirming his presence with
the unit while it was engaged in active ground combat on file, the BSM
orders on file confirm he received the award for meritorious service in
connection with ground operations against a hostile enemy force in the RVN.
 As a result, it is logical to conclude he satisfied the regulatory
criteria necessary to support award of the CIB and it would be appropriate
to add this award to his record at this time.

3.  Further, based on the applicant RVN campaign participation, he is
entitled to 3 bronze service stars with his VSM, which also should be added
to his record at this time.
BOARD VOTE:

__MHM_ _  ___ECP_  ___RR__   GRANT RELIEF

     ______  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 awarding him the Combat Infantryman
Badge; by showing he is entitled to 3 bronze service stars with his Vietnam
Service Medal; and by providing him a corrected separation document that
includes these changes.




            ____Melvin H. Meyer ___
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR2004103890                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2004/11/16                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1976/02/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Unsuitability                           |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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