RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050000410


      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. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |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 that his record be corrected to show award of
the Combat Infantryman Badge (CIB).

2.  The applicant states that he served in combat in Vietnam with the
          5th Battalion, 12th Infantry of the 199th Infantry Brigade and
should receive award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 1 February 1970.  The application submitted in this case
is dated    28 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 applicant was inducted into the Army on 7 February 1968, trained as
a wireman, MOS (military occupational specialty) 36K20, and assigned to
Fort Sill, Oklahoma.  On 3 February 1969 he was awarded the Sharpshooter
Marksmanship Qualification Badge with rifle bar.

4.  On 24 March 1969 the applicant was assigned as a wireman to the
      3d Battalion, 7th Infantry, of the 199th Infantry Brigade in Vietnam.
 On 29 April 1969 he was transferred to the 5th Battalion, 12th Infantry of
that same brigade, continuing as a wireman, and subsequently as a
communications chief, and field switch operator, all in the duty MOS of
36K20.

5.  The applicant completed his tour of duty in Vietnam and returned to the
United States in January 1970.  He participated in three campaigns during
his tour of duty in Vietnam.  The 3d Battalion, 7th Infantry and the 5th
Battalion,    12th Infantry were both awarded the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for their actions during the
applicant’s assignment to those organizations.

6.  He was released from active duty at Oakland, California on 1 February
1970 in the grade of E-4 with an honorable characterization of service.
His                DD Form 214 shows award of the Army Commendation Medal,
National Defense Service Medal, and Vietnam Campaign Medal.  It also shows
award of the Vietnam Service Medal, but in so doing, does not reflect the
number of campaigns in which he participated.

7.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows that
the applicant was awarded MOS 36K20.  It does not, however, show that he
was awarded an infantry MOS, e.g., 11B, 11C, etc.

8.  The applicant’s DA Form 20 shows that his conduct and efficiency
ratings were excellent during his military service.

9.  There are basically three requirements for award of the CIB.  The
Soldier must be an infantryman satisfactorily performing infantry duties,
must be assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must actively participate in such
ground combat.  Campaign or battle credit alone is not sufficient for award
of the CIB.  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.

10.  The 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.  The applicant was trained as a wiremen, awarded MOS 36K, and served in
that specialty in Vietnam.  There is no evidence that the applicant was
awarded an infantry MOS or served in ground combat as an infantryman.
Consequently, he is not entitled to award of the Combat Infantryman Badge.


2.  The applicant served his country faithfully and honorably.  He is
entitled to award of the Army Good Conduct Medal.
3.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with rifle bar.  That award should be reflected on his DD Form 214.

4.  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).

5.  The applicant is entitled to two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and two awards of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JH   __  __TO  ___  __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, Sharpshooter Marksmanship Qualification Badge with rifle
bar, Vietnam Service Medal with three bronze service stars, two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm, and two
awards of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.
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.




                            ______  James Hise________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000410                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|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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