RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         30 NOVEMBER 2004
      DOCKET NUMBER:  AR2004105789


      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. Kenneth H. Aucock             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Shirley Powell                |     |Member               |
|     |Mr. Patrick McGann                |     |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.

2.  The applicant states that he was trained as a personnel specialist;
however, prior to going to Vietnam he was assigned to the infantry and
served his tour in Vietnam as an infantryman.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge), and a copy of his DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 January 1968.  The application submitted in this case
is dated      15 March 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 Army for three years on 25 January 1965,
trained as a personnel specialist, and in June 1965 was assigned to Fort
Riley, Kansas.  His DA Form 20 shows that on 1 August 1965 he was assigned
to Troop A,       1st Squadron, 4th Cavalry at Fort Riley in the duty MOS
(military occupational specialty) of 11C10, mortar gunner, and in October
1965 was assigned with that unit in Vietnam.  He completed his tour in
Vietnam, and in October 1966 was assigned to the United States Army, Europe
as a personnel specialist.  He was promoted to specialist five, pay grade E-
5 on 29 March 1967.  He returned to the United States and was released from
active duty on 4 January 1968 in the rank of specialist five at Fort
Hamilton, New York.

4.  The applicant's DA Form 20 show that he was awarded the MOS of 71H20,
personnel specialist, and despite his duty MOS of 11C10, mortar gunner
while in Vietnam, he was not awarded that MOS.  He participated in three
campaigns during his tour in Vietnam.  The 1st Squadron, 4th Cavalry was
awarded the Presidential Unit Citation, the Republic of Vietnam Gallantry
Cross Unit Citation with Palm, and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for its actions during the
applicant's assignment to that organization. Troop A of that squadron was
awarded the Valorous Unit Award and the Republic of Vietnam Gallantry Cross
Unit Citation with Palm for its actions while the applicant was assigned to
that unit.

5.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the Combat
Infantryman Badge.  That paragraph states that there are basically three
requirements for award of the Combat Infantryman Badge.  The soldier must
be an infantryman satisfactorily performing infantry duties, he must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
soldier must be have an infantry or special forces specialty,
satisfactorily performed duty while assigned or attached as a member of an
infantry, ranger or special forces unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.

6.  The Army 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.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the fact that the applicant served as a mortar gunner
in Vietnam, he was not awarded an infantry specialty (MOS), nor was he
assigned to an infantry unit.  His service in Vietnam was with a cavalry
squadron.  Therefore, he is not entitled to award of the Combat Infantryman
Badge.

2.  The applicant served his country faithfully and honorably as evidenced
by his service in Vietnam and in the United States Army, Europe, and his
advancement to the pay grade of E-5.  He is entitled to award of the Army
Good Conduct Medal.

3.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is entitled to award of the Vietnam Service Medal with
three bronze service stars (one for each campaign).

4.  The applicant is entitled to award of the Presidential Unit Citation,
two awards of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm, the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and the Valorous Unit Award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JNS _  ___SP___  ___PM__  GRANT PARTIAL 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 award of the Army Good
Conduct Medal, the Vietnam Service Medal with three bronze service stars,
the Presidential Unit Citation, two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, and the Valorous Unit Award.


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.




                                  ____   John N. Slone_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR2004105789                            |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20041130                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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