RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 September 2005
      DOCKET NUMBER:  AR20050001273


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Larry J. Olson                |     |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, in effect, that he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he served with the infantry while
he was in Vietnam.  He states that during the last 3 to 4 months in Vietnam
and Cambodia he was in several firefights with the enemy.

3.  The applicant provided no documentary evidence to support his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 9 September 1970.  The application submitted
in this case is dated 1 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.  The applicant’s record shows that he was inducted into the Army of the
United States on 4 February 1969.  He completed his basic combat training
at Fort Polk, Louisiana, and his advanced individual training at Fort Knox,
Kentucky.  After completing all required training, he was awarded the
military occupational specialty (MOS), 05B (Radio Operator).

4.  The applicant was assigned to Vietnam and he arrived there on 16 August
1969.  He was initially assigned to B Troop, 1st Squadron, 17th Cavalry,
82nd Airborne Division.  The applicant was reassigned to Headquarters and
Headquarters Battery, 2nd Battalion, 19th Artillery, 1st Cavalry Division,
and served with this unit until 8 September 1970 when he was returned to
the United States for release from active duty.

5.  There is no evidence, and the applicant has provided none, to show that
he was assigned or attached to an infantry unit for duty while he served in
Vietnam.

6.  The applicant was honorably released from active duty on 9 September
1970, early separation of overseas returnees, in the rank and pay grade of
Specialist Four, E-4.

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, Armed Forces
of the United States Report of Transfer or Discharge, shows that he was
awarded the National Defense Service Medal; the Vietnam Service Medal, and
the Republic of Vietnam Campaign Medal.  The Combat Infantryman Badge is
not shown.

8.  While in Vietnam, the applicant was awarded the Air Medal, for
meritorious achievement while participating in aerial flight in the
Republic of Vietnam, by General Orders Number 13736, Headquarters, 1st
Cavalry Division (Airmobile), dated 30 July 1970.  This award is not shown
on his DD Form 214.

9.  Item 23a (Specialty Number and Title), of the applicant's DD Form 214,
shows that the applicant held the MOS 05B20, Radio Operator, on his release
from active duty.

10.  Orders on file in the applicant's service record show that he held the
MOS 11D Armor Reconnaissance Specialist, as a secondary MOS.  There are no
orders in the applicant's service personnel records to show that he ever
held an infantry MOS.  The duty MOS reflected in Item 38 (Record of
Assignments), of the applicant's DA Form 20, Enlisted Qualification Record,
consistently shows the MOS, 05B.

11.  There is no record of the applicant ever having served in active
ground combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size while he served in Vietnam.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

13.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Summer-Fall 1969, which extended from 9 June
through 31 October 1969; the Vietnam Winter-Spring 1970, which extended
from 1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive,
which extended from 1 May through 30 June 1970; and the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

15.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the units the applicant was assigned to were
cited for award of  the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 6 October 1968 through 11 November 1969 and
for the period May 1969 through February 1970, by Department of the Army
General Orders (DAGO) Number 43 and 11, dated 1970 and 1973, respectively.
The applicant's second unit, the 2nd Battalion, 19th Artillery, was also
awarded the Valorous Unit Award for the period 1 May through 29 June 1970
by DAGO Number 43, dated 1972 and the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation, for the period 1 January 1969
through 1 February 1970 by DAGO Number 42, dated 1972, while he was a
member of the unit.

16.  AR 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 (formerly known as the Total Army Personnel 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.

17.  Guidance for award of the Combat Infantryman Badge is at Appendix V,
U.S. Army Vietnam (USARV) Regulation 672-1.  The basic criterion for award
of the Combat Infantryman Badge was contained in AR 672-5-1 that was
in effect during the Vietnam War Era.  The USARV regulation spelled out
exceptions to paragraph 96, AR 672-5-1 that were made in Department of the
Army unclassified message 49117, dated 19 October 1967.  In this message
the USARV regulation expanded the pool of those Soldiers eligible for award
of the Combat Infantryman Badge and included those Soldiers holding the MOS
05B; however, meeting the additional specific criteria was a requirement
for its award.  "The criteria for award of the Combat Infantryman Badge is
stated as follows in paragraph 3.b. (15) Radio/Telephone Operator (if the
primary duty is to accompany infantry or infantry-type units on tactical
operations)" on page 3 of appendix 3 to Annex A, USARV Regulation 672-1.
DISCUSSION AND CONCLUSIONS:

1.  The Combat Infantryman Badge was awarded to infantry officers and to
enlisted and warrant officer persons who held an infantry MOS.  They must
also have served in active ground combat while assigned or attached to an
infantry unit of brigade, regimental or smaller size.  The applicant was
classified as a Radio Operator, MOS 05B; assigned to a cavalry and to an
artillery battalion.  There is no evidence to show that the applicant was
assigned or attached to an infantry unit and performed the duties of a
radio operator.  He is therefore not eligible for award of the Combat
Infantryman Badge for his service in Vietnam.

2.  The applicant was awarded the Air Medal for meritorious achievement
while participating in aerial flight in the Republic of Vietnam.  This
award is not shown on his DD Form 214.  He is entitled to have this award
added to his DD Form 214.

3.  The applicant was awarded the Vietnam Service Medal.  The applicant
served in four campaigns while he was in Vietnam.  He is therefore entitled
to award of four bronze service stars to be affixed to his Vietnam Service
Medal to denote his campaign participation and to have them shown on his
separation document.

4.  The applicant served in units that combined were awarded the Valorous
Unit Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation (two awards); and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; while he was a member of the units.  He
is therefore entitled to these unit awards and to have them added to his
separation document.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 September 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 September 1973.  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.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jtm___  ___wdp_  ___ljo ___  DENY 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:

      a.  adding the already-awarded Air Medal to the applicant's DD Form
214;

      b.  awarding the applicant four bronze service stars, to be affixed to
his Vietnam Service Medal, to denote his campaign participation credit, and
to be shown on his DD Form 214 as the Vietnam Service Medal, with four
bronze service stars; and
c.  awarding the applicant the Valorous Unit Award; the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation (two awards); and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation; and adding
these unit awards to his DD Form 214.




                                  _________William D. Powers____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001273                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050908                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.46     |107.0000                                |
|2. 157                  |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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