RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2005
      DOCKET NUMBER:  AR2004106885


      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. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 correction of his records to show all awards he
earned during his service in Vietnam.

2.  The applicant states that, although he did not have a combat military
occupational specialty (MOS), he participated in active combat.  The
applicant continues that upon his return to the United States, he was
awarded the Combat Infantryman Badge; however, this award and his unit
citations are not listed on his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

3.  The applicant further states that he requests consideration for
personal reasons and to substantiate his petition for a service-connected
disability due to Post Traumatic Stress Disorder (PTSD).

4.  The applicant provides no documents in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on 5 September 1969, the date of his separation from active duty.  The
application submitted in this case is dated 30 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 entered active duty on 6 December 1966 for a period of
3 years.  He successfully completed basic combat training and advanced
individual training and was awarded the MOS 76P20 (Stock Control and
Accounting Specialist).  He served in Vietnam from 4 January 1968 to 1
January 1969.

4.  There are no General Orders in the available records which show that
the applicant was awarded the Combat Infantryman Badge.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) does not
show the Combat Infantryman Badge in item 41 (Awards and Decorations).
6.  The applicant's records do not show that he was diagnosed and/or
treated for Post Traumatic Stress Disorder.

7.  Review of the applicant's records indicate that he may be entitled to
campaign credit and additional awards and decorations which are not shown
on his DD Form 214.

8.  The applicant's service records indicate he participated in the
following   campaigns: the Vietnam Counteroffensive Phase III (1 June 1967
through
29 January 1968), the Tet Counteroffensive (30 January 1968 through 1 April
1968), the Vietnam Counteroffensive Phase IV (2 April 1968 through 30 June
1968), the Vietnam Counteroffensive Phase V (1 July 1968 through 1 November
1968), the Counteroffensive Phase VI (2 November 1968 through 22 February
1969).

9.  The applicant's award of the Vietnam Service Medal does not show bronze
service stars to indicate credit for the campaigns in which he
participated.

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 Headquarters and Headquarters Company, 15th
Supply and Service Battalion, 1st Cavalry Division, it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

11.  Department of the Army Pamphlet 672-3 also shows that Headquarters and
Headquarters Company, 15th Supply and Service Battalion, 1st Cavalry
Division, was cited for award of the Meritorious Unit Commendation based on
Department of the Army General Orders Number 28, dated 1969.

12.  Army Regulation 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.


13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

14.  Army Regulation 600-8-22, provides, in pertinent part, for award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

15.  Army Regulation 600-8-22 provides, in pertinent part, that a silver
service star is authorized in lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction of his records to show awards he
earned during his service in Vietnam.

2.  The ABCMR does not correct records solely for the purpose of
establishing eligibility for benefits.  In addition, granting veteran's
benefits is not within the purview of the ABCMR and any questions regarding
eligibility for treatment and other benefits should be addressed to the
DVA.

3.  Evidence of records shows that the applicant was not assigned to an
infantry unit and did not possess an infantry MOS.  Additionally, there are
no orders in his military personnel records which show that he was awarded
the Combat Infantryman Badge.  Therefore, he is not entitled to correction
of his records to show this award.

4.  The evidence of record shows the applicant participated in five
campaigns and is authorized to wear a silver service star on his Vietnam
Service Medal.  Therefore, he is entitled to correction of his DD Form 214
to show this award.


5.  The applicant 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.  Therefore, he is entitled to
correction of his records to show these 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, in the interest of
justice it is appropriate to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__lds___  __jtm___  __cak___  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 showing award the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and a silver service star to be worn on his Vietnam
Service Medal.

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.




                                        Linda D. Simmons
                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004106885                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050111                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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