RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050000344


      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. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. Barker               |     |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 he served in combat as an infantryman/machine
gunner for over a year with B Company, 4th Battalion, 503rd Infantry
Regiment and deserves award of the Combat Infantryman Badge.

3.  The applicant provides copies of a DA Form 1049 (Personnel Action), a
USARV Form 137R (Personnel Data Sheet), one page of a DA Form 20 (Enlisted
Qualification Record), and a personal statement.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 March 1977, the date of his last release from active duty.
The application submitted in this case is dated 20 December 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 records show the applicant entered active duty on 6 July 1965,
completed basic combat training, basic airborne training, and advanced
individual training with award of the military occupational specialty (MOS)
11B1P (Light Weapons Infantryman - Parachute Qualified).

4.  Headquarters, 4th Basic Combat Training Brigade Special Orders Number
153, dated 16 August 1965, awarded the applicant the Sharpshooter Badge
with Rifle Bar.

5.  Headquarters, 101st Airborne Division Special Orders Number 32, dated
5 February 1966, awarded him the Sharpshooter Badge with Pistol Bar.

6.  The applicant served in Vietnam in the MOS of 11B as a rifleman and
assistant machine gunner with B Company, 4th Infantry Battalion (Airborne),
503rd Infantry Regiment from 25 June 1966 through 4 July 1967.
7.  Headquarters, 173rd Airborne Brigade General Orders Number 878, dated
22 May 1967, awarded the applicant the Army Commendation Medal with "V"
device for heroic actions under hostile fire on 7 April 1967.

8.  The applicant received additional training and served with
Headquarters, Headquarters Company, 79th Engineer Group in Vietnam from
5 July 1967 through 23 July 1967 as a radio operator (MOS 05B).

9.  Headquarters Boston Army Base Special Orders 64, dated 4 April 1968
awarded the applicant the Sharpshooter Badge with Carbine Bar.

10.  Headquarters Boston Army Base Special Orders 129, dated 9 July 1968
awarded the applicant the Expert Badge with Carbine Bar.

11.  The applicant was released from active duty and transferred to the
Army Reserve (USAR) on 19 August 1968.

12.  The DD Form 214 (Report of Separation), dated 19 August 1968, lists
his awards as the National Defense Service Medal, the Vietnam Service
Medal, and the Parachutist Badge.  It shows he had 3 years of creditable
service with 40 days of lost time.

13.  A DA Form 20, covering the period 6 July 1965 through 19 August 1968,
lists his awards as the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal, the Meritorious Unit
Citation, the Parachutist Badge, and the Sharpshooter Badge with Carbine
Bar.  It also indicates participation in one campaign period.

14.  A three page 23 July 1969 DD Form 215 (Correction to DD Form 214)
amended the periods of lost time listed on the 19 August 1968 DD Form 214.
It also adjusted his creditable period of service to 2 years, 11 months,
and 24 days.

15.  The applicant reenlisted on 29 August 1969 and served until discharged
under other than honorable conditions on 9 May 1972.

16.  A DA Form 20, covering the period 29 August 1969 through 9 May 1972,
lists his awards as the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with "1960" device, and the
Presidential Unit Citation.  It also indicates he participated in three
campaign periods.

17.  The 9 May 1972 DD Form 214 (Report of Separation) lists his awards as
the National Defense Service Medal, the Vietnam Service Medal, the
Parachutist Badge, and the Meritorious Unit Citation.

18.  The applicant entered the Massachusetts Army National Guard (MAARNG)
on 21 July 1975 and served on active duty, on recruiting duty, for the
period 29 November 1976 through 16 March 1977.  The DD Form 214 issued at
this time lists his awards as "None".

19.  The applicant was discharged from the MAARNG on 16 May 1978 to enlist
in the USAR.  During his period of service in the MAARNG he was twice
awarded the Massachusetts Emergency Service Medal.

20.  On 6 May 1977 the applicant's second period of service was reviewed
under the Department of Defense Discharge Review Program (Special) and his
characterization of service was upgraded to under honorable conditions.

21.  On 19 July 1978, the applicant's 9 May 1972 discharge was again
reviewed and his characterization of service was further upgraded to
honorable.

22.  A DA Form 2-1, covering the period 21 July 1975 through 18 January
1979, lists his awards as the National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal with "1960" device,
the Meritorious Unit Citation, the Parachutist Badge, the Combat
Infantryman Badge, the Sharpshooter Badge with Pistol (July 1976) and Rifle
(May 1977) Bars, and the Massachusetts Emergency Service Medal (1st and 2nd
Award).

23.  On 11 May 2004 a DD Form 215 was issued correcting the applicant's
19 August 1968 DD Form 214 by adding the Presidential Unit Citation, the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation.

24.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) indicates that the 4th Battalion, 503rd
Infantry Regiment was cited for award of the Presidential Unit Citation,
for the period 7 October – 4 December 1966; the Meritorious Unit Citation,
for the period 5 May 1966 – 4 May 1967; the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, for the period 5 May 1965 – 26 September
1970, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, for the period 15 April 1969 – 16 March 1971.
25.  Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and
procedures for award of the Combat Infantryman Badge.  In effect, that
paragraph states that there are three basic requirements for award of the
Combat Infantryman Badge.  The enlisted Soldier must have an infantry
specialty, 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 must
have been personally present and under hostile fire while serving in that
unit.

26.  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 three campaign periods:  the Vietnam Counteroffensive, 25
December 1965 – 30 June 1966; 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.  As substantiated by his award of the Army Commendation Medal with "V"
device, the applicant was personally present and under hostile fire while
serving in an assigned infantry primary duty, in a unit actively engaged in
ground combat with the enemy.  He meets the qualification for and should be
awarded the Combat Infantryman Badge.

2.  The record contains official orders awarding the applicant the Army
Commendation Medal with "V" device for his actions on 7 April 1967.  This
award is not reflected on his DD Form 214.

3.  The applicant qualified for and was awarded the Expert Badge with
Carbine Bar, and the Sharpshooter Badge with Rifle, Carbine, and Pistol
Bars.  These awards are not reflected on of his DD Forms 214.

4.  The applicant participated in three campaigns and is authorized to wear
three bronze service stars on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 March 1977; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 15 March 1980.  The applicant did not file within the 3-year
statute of limitations however; he has 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.

6.  Therefore, it is appropriate to correct the applicant's records to show
that, in addition to the awards listed on his DD Forms 214 (as previously
amended), his authorized awards include the Army Commendation Medal with
"V" device, the Combat Infantryman Badge, the Expert Badge with Carbine
Bar, and the Sharpshooter Badge with Rifle, Carbine, and Pistol Bars, and
to wear three bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__CVM __  __JEV __  _LMB___  GRANT FULL RELIEF

________  ________  ________  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 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.

2.  The Board further determined that, in addition to the awards listed on
his DD Form 214, he is authorized the Army Commendation Medal with "V"
device, the Expert Badge with Carbine Bar, the Sharpshooter Badge with
Rifle, Carbine, and Pistol Bars, and to wear three bronze service stars on
his Vietnam Service Medal.




                                  __       James E. Vick____________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000344                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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