RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 August 2005
      DOCKET NUMBER:  AR20050001137


      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. Michael J. Fowler             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Ronald J. 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 records to show awards of the
Combat Infantryman Badge and the Army Commendation Medal.

2.  The applicant states, in effect, that the awards were never added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides a certificate for the Combat Infantryman Badge
and a citation for the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 3 April 1970.  The application submitted in this case is dated 21
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 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 requested correction of his records to show award of the
Army Commendation Medal.  There are no orders or other evidence authorizing
award of this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Army Commendation Medal under the provisions of Section 1130, Title 10,
United States Code.  He has been notified by separate correspondence of the
procedures for applying for the decoration under section 1130 and, as a
result, it will not be discussed further in this record of Proceedings.

4.  The applicant was inducted on 5 April 1968 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

5.  The applicant arrived in Vietnam and was assigned to D Company, 1st
Battalion, 22nd Infantry on or about 12 September 1968 where he performed
duties as an infantryman.  He departed Vietnam on or about 22 August 1969
after being credited with participating in four campaigns.

6.  The applicant was honorably released from active duty on 3 April 1970
and transferred to the U.S. Army Reserve Control Group after completing 1
year, 11 months, and 29 days of creditable active service.

7.  The applicant's DD Form 214 shows he was awarded the National Defense
Service Medal, the Vietnam Service Medal with three bronze service stars,
the Vietnam Campaign Medal, the Sharpshooter Marksmanship Qualification
Badge (M-16), the Expert Marksmanship Qualification Badge (M-14), and the
1st Class Gunner Badge (M-60 Machine Gun).

8.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Enlisted Qualification Record) does not show award of the Combat
Infantryman.

10.  The applicant provided a copy of a certificate for the Combat
Infantryman Badge with a handwritten citation that shows he was awarded the
Combat Infantryman Badge for participating in ground combat.

11.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  His records do not contain any adverse
information and his DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his period of
service.

12.  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 that, at the time of the
applicant’s assignment to the 1st Battalion, 22nd Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 1 August 1965 through 16 April 1971 based on
Headquarters, Department of the Army General Orders Number 54, dated 1974.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant’s assignment to the 1st Battalion, 22nd Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 October 1966 through 31 October 1969 based
on Headquarters, Department of the Army General Orders Number 53, dated
1970.

14.  Army Regulation 672-5-1 (Military Awards), in effect at the time,
provided policy and criteria concerning individual military decorations.
It stated that the Army Good Conduct Medal was awarded for each 3 years of
continuous enlisted active Federal military service completed on or after
27 August 1940 and, for the first award only, upon termination of service
on or after 27 June 1950 of less than 3 years but more than 1 year.  At the
time, a Soldier's conduct and efficiency ratings must have been rated as
"excellent" for the entire period of qualifying service.

15.  Army Regulation 600-8-22 (Military Awards) 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.

16.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of a bronze service star, based on qualifying service, for
each campaign listed in Appendix B of this regulation and states that
authorized bronze service stars will be worn on the appropriate service
medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders in the applicant's records that show he was awarded
the Combat Infantryman Badge.  The Combat Infantryman Badge certificate he
provided has a handwritten citation and is not signed.  Without other
substantiating evidence to show he performed satisfactorily while in
combat, the certificate is insufficient evidence on which to base award of
the Combat Infantryman Badge in this case.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 5 April 1968
through 3 April 1970.

3.  The applicant was assigned to a unit during a period of time the unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.  His participation in four campaigns entitles him to four bronze
service stars to be worn on his Vietnam Service Medal.  Therefore, his DD
Form 214 should be amended to add these awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 April 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 2 April 1973.  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:

________  ________  ________  GRANT FULL RELIEF

__JEV___  __ RJW _  _  RR ___  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:

      a.  by awarding the applicant the Army Good Conduct Medal
(1st Award) for the period 5 April 1968 through 3 April 1970; and

      b.  by amending his DD Form 214 to add the Army Good Conduct Medal
(1st Award), the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, and four bronze service stars to be worn on his Vietnam
Service Medal.

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.




                               ___ Mr. James E. Vick __
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001137                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |18 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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