RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 October 2005
      DOCKET NUMBER:  AR20050000170


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |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 that he be awarded the Combat Infantryman Badge
and the Army Distinguished Service Cross.

2.  The applicant states, in effect, that he was told he would receive
these medals but he never received them.

3.  The applicant provides two pages from a publication titled "Danger
Forward, The 50th Anniversary of the 1st Infantry Division", and a five
page personal account recounting of his reasons for requesting the medals.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 12 July 1973, the date he was discharged.  The application
submitted in this case is dated 17 November 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 limitations 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 is requesting correction of his records to show award of
the Distinguished Service Cross and the Combat Infantryman Badge.  There
are no orders or other evidence authorizing award of the Distinguished
Service Cross to the applicant.  In the absence of a proper award authority
to this decoration, the applicant may request award of the Distinguished
Service Cross under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separated correspondence
of the procedures for applying for this decoration under Section 1130 and,
as a result, it will not be discussed further in this Record of
Proceedings.

4.  The records show the applicant entered active duty on 3 February 1966,
completed training, and was awarded the military occupational specialty
(MOS) 17B (Field Artillery Radar Crewman).

5.  Headquarters, 1st Infantry Division General Orders Number 1289, dated
18 February 1967, awarded the applicant the Purple Heart as a member of
B Battery, 2nd Battalion, 33rd Artillery Regiment for wounds received on
14 February 1967.

6.  A DA Form 20 (Enlisted Qualification Record) indicates he served in
Vietnam with Headquarters Battery, 2nd Battalion, 33rd Artillery Regiment
from 26 July 1966 through 11 January 1967 and with B Battery, 2nd
Battalion, 33rd Artillery Regiment from 12 January 1967 through 13 July
1967.

7.  It also indicates he served during two campaign periods, was wounded in
action on 14 February 1967, and lists his awards as the Purple Heart, the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with "1960" device, and the Expert Badge with Rifle
Bar.

8.  The DD Form 214 (Report of Transfer or Discharge), dated 31 January
1969, lists the applicant's MOS as 17B (Field Artillery Radar Crewman), and
his awards as the Purple Heart, the National Defense Service Medal, the
Vietnam Service Medal, and the Republic of Vietnam Campaign Medal with
"1960" device.

9.  The record indicates the applicant reenlisted on 27 July 1970 and
served until he was honorably discharged on 12 July 1973.

10.  A DA Form 20 covering the applicant's second period of service lists
his awards as the Purple Heart, the Good Conduct Medal (issued 21 June
1973), the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with "1960" device, and the Expert Badge
with Rifle Bar.

11.  In the applicant's personal statement he relates that he volunteered
to serve with C Company, 1st Battalion, 16th Infantry Regiment as a forward
observer/radio operator and went out on several search and destroy
missions.  He states that it was during one of these missions that he was
wounded.

12.  Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and
procedures for award of the CIB.  In effect, that paragraph states that
there are three basic requirements for award of the CIB.  The enlisted
Soldier must have an infantry specialty, he must be satisfactorily
performing infantry duties while assigned or attached to an infantry unit
of brigade, regimental, or smaller size during any period such unit was
engaged in active ground combat, and he must be personally present and
under hostile fire while serving in that unit.
13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
provided, in pertinent part, for award of the Combat Infantryman Badge.
Appendix 3 to Annex A of this regulation listed positions which qualified
for award of the Combat Infantryman Badge.  The regulation authorized award
of the Combat Infantryman Badge to radio operators provided their primary
duty was to accompany infantry or infantry-type units on tactical
operations.

14.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated during
the following two campaign periods:  the Counteroffensive Phase II, 1 July
1966 – 31 May 1967; and the Counteroffensive Phase III, 1 June 1967 –
29 January 1968.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may have volunteered to perform radioman duties
with an infantry unit, the record contains no evidence that he served in an
infantry specialty, or that he was officially attached to an infantry unit
of brigade, regimental, or smaller size during any period such unit was
engaged in active ground combat.

2.  Therefore, the applicant cannot be shown to meet the qualifications for
award of the Combat Infantryman Badge.

3.  The applicant served during two campaign periods and is authorized to
wear two bronze service stars on his Vietnam Service Medal.  Correction of
his records to reflect this does 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 July 1973; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 11 July 1976.  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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TSK___  __PHM _  __CAK __  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 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 the applicant is authorized to wear two bronze service
stars on his Vietnam Service Medal.





                                  ______________________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000170                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051013                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107 cib                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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