RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 January 2005
      DOCKET NUMBER:  AR2004107078


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Ms. Delia R. Trimble              |     |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, he is entitled to the CIB because he
was in combat.

3.  The applicant provides a letter of support from a retired Army
lieutenant colonel (LTC).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 14 August 1966.  The application submitted in this case is
dated
25 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’s record shows he initially enlisted in the Regular Army
and entered active duty on 15 August 1958, and he was trained in and
awarded military occupational specialty (MOS) 11D as an armor intelligence
specialist.

4.  On 23 August 1960, the applicant was honorably discharged for the
purpose of immediate reenlistment and on 24 August 1960 he reenlisted for
six years.  His Enlisted Qualification Record (DA Form 20) shows he served
in the Republic of Vietnam (RVN) from 14 February 1966 through 13 August
1966, and was assigned to Troop B, 3rd Squadron, 4th Cavalry Regiment,
performing duties in MOS 11D, as an armor intelligence specialist.

5.  On 14 August 1966, the applicant was honorably discharged after
completing a total of 8 years of active duty service.  The separation
documents (DD Forms 214) on file confirm he held and served in the MOS 11D
and that he earned the following awards during his tenure on active duty:
RVN Campaign Medal (RVNCM), Vietnam Service Medal (VSM), Purple Heart (PH),
National Defense Service Medal, Army Good Conduct Medal, Parachute Badge,
Ranger Tab, Sharpshooter Qualification Badge with Rifle Bar and Marksman
Qualification Badge with Automatic Rifle Bar.

6.  The applicant provides a third-party statement from a retired LTC who
indicates he was the applicant’s unit commander in the RVN.  He states he
was selected to be the original commander of a Long Range Reconnaissance
Patrol (LRRP) company and was allowed to request the services of
volunteers.  He claims the applicant volunteered and joined his unit.  He
states the unit mission was to gather tactical information/intelligence on
the enemy by patrolling deep into enemy territory and out of range of
friendly fire support.  He states the applicant was assigned to one of the
teams and participated in all the organizations activities and because of
his combat experience, he also was utilized as an instructor for the new
volunteers.  He states that he submitted a request that the applicant be
awarded the CIB, but he never received the award.

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

8.  Chapter 8 of the award regulations contains guidance on award of combat
badges.  It states, in pertinent part, that the CIB is awarded to infantry
officers and to enlisted and warrant officer personnel 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 Human Resources Command (HRC) has advised, in similar
cases, that during the Vietnam era the CIB was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.
9.  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, the applicant’s unit (3rd Squadron, 4th Cavalry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and RVN
Civil Actions Honor Medal First Class Unit Citation.  This publication
further confirms that during his tenure of assignment in the RVN, he was
credited with participating in Vietnam Counteroffensive and Vietnam
Counteroffensive Phase II campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and the supporting
third-party statement he provided were carefully considered.  However, by
regulation, in order to qualify for the CIB, in addition to serving in
combat with a qualifying unit, an enlisted soldier must have held an
infantry MOS, which according to Army HRC awards officials included MOS
11B, 11C, 11F, 11G AND 11H.  MOS 11D was not considered an infantry MOS for
CIB purposes during the Vietnam era.

2.  The evidence of record shows the applicant held and served in MOS 11D,
performing duties as an armor intelligence specialist while serving in the
RVN.  As a result, he did not serve in a qualifying infantry MOS.  As a
result, although his RVN combat service was meritorious, his request for
the CIB must be denied in the interest of all those who served in the RVN
and who faced similar circumstances.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CIB on 14 August 1966.  Therefore, the
time for him to file a request for correction of any error or injustice
expired on 13 August 1969.  However, he 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.

4.  The evidence of record did reveal the applicant is entitled to awards
based
on his RVN service and campaign participation that were not included on his
separation document.  These awards include the RVN Gallantry Cross with
Palm Unit Citation, RVN Civil Actions Honor Medal First Class Unit Citation

and 2 bronze service stars with his Vietnam Service Medal.  The omission
of these awards is an administrative matter that does not require Board
action.  As a result administrative action to add these awards to his
record 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

___LCB_  __DRT___  __BPI  __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice related to award of the
Combat Infantryman Badge.  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show that based on his service and campaign participation in
the RVN, he is entitled to the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation and 2 bronze service stars with his Vietnam Service
Medal; and by providing him a corrected separation document that includes
these awards.




            ____Bernard P. Ingold____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR2004107078                            |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/01/19                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1966/08/14                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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