RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050001258


      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. John Slone                    |     |Chairperson          |
|     |Ms. Deborah Jacobs                |     |Member               |
|     |Mr. Michael J. Flynn              |     |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
Air Medal and the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Air Medal and
Combat Infantryman Badge prior to his discharge but they are not on his DD
Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant provides no documentation in support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 4 August 1971.  The application submitted in this case is dated 17
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 on 25 September 1969 and successfully
completed basic training and advanced individual training (AIT).  He was
awarded military occupational specialty (MOS) 45J (Armorer).

4.  The applicant arrived in Vietnam and was assigned to A Troop, 7th
Squadron, 1st Cavalry Division on or about 8 August 1970 where he performed
duties as a senior aircraft armorer.  He departed Vietnam on or about 31
July 1971 after being credited with participating in two campaigns.  He was
honorably separated on 4 August 1971.

5.  The applicant's DD Form 214 with the ending period of 4 August 1971
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, the Vietnam Campaign Medal, and Army Good Conduct Medal.

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

7.  Headquarters, 1st Aviation Brigade, General Orders Number 4341, dated
31 May 1971 show that the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight during the
period 1 September 1970 through 2 September 1970.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

9.  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.

10.  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.  Evidence of record shows that the applicant was awarded the MOS 45J
(Armorer) upon completion of AIT.  There is no evidence that he was awarded
an infantry MOS.  Evidence of record further shows that he performed duties
as an aircraft armorer the entire time he spent in Vietnam.  There is no
evidence that the applicant served in an infantry specialty and/or served
in an infantry unit of regimental size or smaller in ground combat all of
which are required by regulation for award of the Combat Infantryman Badge.

2.  In view of the foregoing, the applicant does not meet the eligibility
criteria for award of the Combat Infantryman Badge.

3.  Records show that the applicant was awarded the Air Medal.  His DD Form
214 should be amended to add this award.

4.  The evidence of record shows he is eligible for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.  His participation in
two campaigns which entitles him to two bronze service stars to be worn on
his Vietnam Service Medal.  Therefore, his DD Form 214 should be amended to
add these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__ JS ___  __ DJ ___  __ MJF _  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 to show award of the Air
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and
two 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
the Combat Infantryman Badge.




                            _____Mr. John Slone ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001258                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 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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