RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                        26 OCTOBER 2005
      DOCKET NUMBER:                    AR20050000639


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Vick                    |     |Chairperson          |
|     |Mr. Conrad Meyer                  |     |Member               |
|     |Ms. Linda 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 that he be awarded the Combat Infantryman Badge
(CIB) and be authorized to wear the Republic of Vietnam Cross of Gallantry
(RVNCG) awarded to him by the Vietnamese military authorities.

2.  The applicant states, in effect, that he was eligible to be awarded a
CIB and he believes that he earned it; however, he did not request that the
paperwork be submitted at the time given the demands placed on their small
command element at the time.  He continues by stating that he commanded for
6 months a Mobile Launch Site North from which reconnaissance teams were
deployed into Cambodia.  He also states that it was an infantry commander
position authorized a major and he was Special Forces Qualified and was
awarded a military occupational specialty (MOS) of Infantry Unit Commander.
 He further states that to be eligible for a CIB, one had to be assigned to
an infantry command position for a period of 6 months or longer.
Consequently, with regard to award of the CIB, the record is not in error
nor was any injustice done to him.  He is simply seeking the CIB that he
was eligible to receive but failed to submit the paperwork for.  In regards
to the RVNCG, he was awarded it by Vietnamese authorities and it was
omitted from his DD Form 214.

3.  The applicant provides a copy of orders assigning him as a Senior
Launch Officer Mobile Launch Site North TF3A3 effective 7 September 1971, a
copy of a request for an additional MOS (AMOS) dated 4 February 1972, a
copy of his officer evaluation report (OER) covering the period from 7
September 1971 to 31 January 1972, a copy of his citation for award of the
Bronze Star Medal (second oak leaf cluster), an un-translated Vietnamese
award containing his name, and a copy of a short message congratulating him
for being responsible for committing a mission that resulted in the capture
of several enemy Soldiers.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 November 1974.  The application submitted in this case is
dated 6 January 2005.

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.  He enlisted in Philadelphia, Pennsylvania, on 15 March 1965 for a
period of 3 years and assignment to Europe.  He completed his training as a
radio relay and carrier attendant and was transferred to Germany 28 August
1965.

4.  He was promoted to the pay grade of E-5 on 15 November 1966 and he
departed Germany for Fort Benning, Georgia, on 23 November 1966, to attend
officer candidate school (OCS).

5.  He successfully completed OCS and was honorably discharged on 31 May
1967, to accept a commission as an officer in the Army.  He was
commissioned as a United States Army Reserve (USAR) second lieutenant on 1
June 1967 and was detailed as a Signal Corps officer.

6.  He was transferred to Vietnam on 17 May 1968 and was promoted to the
rank of first lieutenant on 1 June 1968.  He was assigned to the 1st
Infantry Division for duty as a signal officer.  He departed Vietnam on 16
May 1969 and was transferred to Fort Bragg, North Carolina.  He was
promoted to the rank of captain on 1 June 1969.  While assigned to Fort
Bragg, he successfully attended and completed airborne and Special Forces
training.

7.  He was transferred back to Vietnam on 29 July 1970 and was initially
assigned to Headquarters and Headquarters Battery, 2nd Battalion, 35th
Artillery Regiment for duty as a battalion commo officer.  He was
subsequently reassigned to the 5th Special Forces Group for duty as an
assistant S-3 officer and on 24 February 1971 he was assigned as an
assistant S-3 for the United States Army Republic of Vietnam Training
Advisory Group.  He was assigned as a signal officer to that unit on 5
March 1971 and on 7 September 1971, he was assigned to a senior launch
officer of Multiple Launch Site – North (MLSN) in the same unit in MOS
31542.

8.  On 7 January 1972, the applicant was awarded the AMOS of 1542 (Infantry
Unit Commander) and on 4 February 1972, he submitted a request to be
awarded an AMOS of 31542.  His request was returned without action on 11
February 1972, because the applicable regulation provided that only one
five character MOS with the same prefix or letter could be awarded and the
applicant already had a primary MOS that started with the same number.

9.  He departed Vietnam on 26 February 1972 and was transferred to Fort
Monmouth, New Jersey to attend the Signal Officer Advanced Course and then
back to Fort Bragg.

10.  On 15 May 1974, he submitted a request for voluntary release from
active duty (REFRAD).  His request was approved and he was honorably REFRAD
on 15 November 1974.  He had served 9 years, 8 months and 1 day of total
active service and was awarded the National Defense Service Medal, the Good
Conduct Medal, the Vietnam Service Medal (VSM), the Bronze Star Medal with
two oak leaf clusters, the Republic of Vietnam Campaign Medal, the Army
Commendation Medal with “V” Device, the Parachutist Badge and the Ranger
Tab.

11.  A review of the available records fails to show that the applicant was
ever recommended for award of the CIB or that he ever submitted a request
to the appropriate agency for authorization to wear the (un-translated)
foreign award he has submitted with his application.

12.  A review of the applicant’s OERs during the period in question show
that he served in a major’s position as a senior launch officer MLSN that
commanded a forward operational base from which reconnaissance teams and
exploitation forces are inserted deep into enemy territory.  He was
responsible for the control and tactical use of 12 rotary wing and 10 fixed
wing aircraft.  He was also responsible for effecting direct liaison with
United States and Army of the Republic of Vietnam (ARVN) units up to and
including divisional size.

13.  Army Regulation 600-8-22, Military Awards, provides, in pertinent
part, that when an individual receives a foreign decoration, he or she will
immediately submit a letter to Commander, HRC- Alexandria, Attn: AHRC-PDO-
PA, 200 Stovall Street, Suite 3S67, Hoffman II, Alexandria, Virginia 22332-
0474, requesting authority to accept and wear the foreign decoration.  The
letter must be signed by the recipient and must contain the title of the
decoration, name of awarding country, date and place of presentation and
name and position of the person presenting the award.  A statement of the
service for which the decoration was awarded, together with all
accompanying documents, to include an official translation, a brief
description of the recipient’s duty assignment during the period recognized
by the award and the full name, social security number, position and grade
of the recipient will accompany the request.  There is no evidence in the
available records to show that the applicant has exhausted his
administrative remedies regarding wear of the foreign award.  Inasmuch as
he has not exhausted his administrative remedies, the Board will not
consider the issue of the award any further until such time as he exhausts
his administrative remedies and reapplies to the Board.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provides, in pertinent part, that the Combat Infantryman Badge (CIB) is
awarded to infantry officers and to enlisted and warrant officer personnel
who have an infantry military occupational specialty (MOS).  They must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

15.  United States Army Republic of Vietnam (USARV) Regulation 672-1, in
effect at the time, provides that non-infantry personnel having the primary
duties of training center advisor, detachment commander, troop advisor and
intelligence advisor are not eligible for award of the CIB although, in the
performance of their duties, they may accompany infantry or infantry-type
unit on operations.  Unit senior advisors were required to submit
recommendations for award of the CIB through command channels with
information containing the individual’s branch, primary MOS, duty MOS as
reflected in personnel records, the primary duty position title as entered
in personnel records, the dates the individual came under fire, type of
operation being conducted and a copy of the individual’s DA Form 66
(Officer Qualification Record).

16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit to which the applicant
was assigned was awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation, the Meritorious Unit Commendation (MUC) and
the Republic of Vietnam Civil Actions Honor Medal – First Class (RVNCAHM-
FC) Unit Citation for the period he was assigned to the unit.
Additionally, he participated in eight campaigns while assigned to Vietnam
and is authorized one silver and three bronze service stars for wear on his
already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  Notwithstanding the evidence submitted by the applicant as well as the
evidence of record, there is insufficient evidence to establish that the
applicant met the requirements outlined in the applicable regulations for
award of the CIB.

2.  While the applicant may have been serving in an infantry capacity,
there is no evidence in the available records to show that he actually
engaged the enemy in a small unit capacity.
3.  However, there is evidence to show that he is entitled to awards of the
RVNGC w/Palm Unit Citation, the MUC, the RVNCAHN-FC Unit Citation and one
silver and three bronze service stars for wear on his already awarded VSM.
Accordingly it would be in the interest of justice to do so at this time.

4.  Evidence shows that the applicant’s records contain administrative
error which 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 November 1974; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 November 1977.  However, 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

____JV__  ___CM__  ___LB___  DENY (W/Note) 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 by awarding him the RVNGC w/Palm Unit Citation, the MUC, the
RVNCAHM-FC Unit Citation and one silver and three bronze service stars for
wear on his already awarded VSM.


            _____James Vick_________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050000639                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051026                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19741115                                |
|DISCHARGE AUTHORITY     |AR 635-100, CH 3, SPD LND               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY W/NOTE)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.107.0034              |80/MUC                                  |
|3.107.0094              |140/RVNGC                               |
|4.107.0095              |141/RVNCAHM                             |
|5.                      |                                        |
|6.                      |                                        |


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