RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050000622


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Ronald Weaver                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Combat Infantryman Badge.

2.  The applicant states, in effect, that his DD Form 214 should show he
earned the Combat Infantryman Badge.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 September 1968.  The application submitted in this case is
dated 3 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 19 September 1966.  He
completed basic combat training and advanced individual training and was
awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
assigned to Troop B, 3rd Squadron, 17th Cavalry in Vietnam as a grenadier
in duty MOS 11B on 8 October 1967.  He was medically evacuated as a result
of being wounded in action on 6 January 1968.

5.  The applicant was honorably released from active duty on 18 September
1968.  His DD Form 214 shows he completed 3 months and 15 days of foreign
service.


6.  The applicant's DD Form 214 shows he was awarded the Purple Heart, the
National Defense Service Medal, the Vietnam Service Medal with three bronze
service stars, the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar, the Expert Marksmanship Qualification Badge with Rifle Bar and the
Marksman Marksmanship Qualification Badge with Machine Gun Bar.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the Troop B, 3rd Squadron, 17th Cavalry, this unit was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 21, dated
1969.

8.  The applicant was issued a DD Form 215 (Correction to DD Form 214)
dated 22 February 1971 which added the first award of the Good Conduct
Medal.

9.  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 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.

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
states that the term "smaller size" infantry unit in paragraph 96, 672-5-1
is a unit of squad, platoon or company size.  For example, personnel
possessing an infantry MOS in a rifle squad or a cavalry platoon of an
armored cavalry troop would be eligible for award of the Combat Infantryman
Badge if other criteria are also met.

11.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were
evacuated prior to completing six months of service due to wounds resulting
from hostile action were entitled to award of the Republic of Vietnam
Campaign Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded an infantry MOS
and served with Troop B, 3rd Squadron, 17th Cavalry as an 11B during combat
in Vietnam.  Therefore, he has met the regulatory requirements for award of
the Combat Infantryman Badge.

2.  The applicant was awarded the Vietnam Service Medal and was medically
evacuated prior to completing six months in Vietnam.  Therefore, he is
eligible for award of the Republic of Vietnam Campaign Medal.

3.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and this
foreign unit award should be administratively added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 September 1971.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

JV______  RW______  RR______  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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 amending his DD Form 214 to show the Combat
Infantryman Badge, the Republic of Vietnam Campaign Medal, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.



                            James Vick____________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000622                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050818                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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