RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 October 2005
      DOCKET NUMBER:  AR20050001461


      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. Eric S. Moore                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Vick                 |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Linda M. 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, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) be corrected to show award of the
Combat Infantryman Badge.

2.  The applicant states that the Combat Infantryman Badge was awarded to
the 82nd Airborne, 3rd Brigade in 1969.

3.  The applicant provides a copy of his DD Form 214 and an article on the
history of the 82nd Airborne Division, 3rd Brigade.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 31 May 1989, the date of his separation from active duty.  The
application submitted in this case is dated 7 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's military records show that he was inducted on 8 January
1968.  He successfully completed basic training and advanced individual
training and was awarded the military occupational specialty (MOS) 63H
(Track Vehicle Repairer).  He served in Vietnam from 11 April 1969 through
5 December 1969 and from 4 November 1970 through 25 September 1971.  After
continuous reenlistments he retired on 31 May 1989 in the pay grade of
sergeant first class/E-7.

4.  The applicant's DD Form 214, issued on 31 May 1989, does not show award
of the Combat Infantryman Badge in item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized).

5.  There are no orders in the applicant's personnel records which show he
was awarded the Combat Infantryman Badge.

6.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal.

7.  The applicant's DA Form 20 shows he received credit for participation
in the following five campaigns: TET 69 Counteroffensive, Vietnam Summer-
Fall 1969, Vietnam Winter-Spring 1970, Counteroffensive Phase III and
Consolidation I.

8.  Army Regulation 600-8-22, in pertinent part, authorizes 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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

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 (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.

10.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, "the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat."  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant served as a track vehicle repairer in
the MOS 63H while he was in Vietnam.


2.  There is no evidence which shows the applicant served in an infantry
MOS or served in active ground combat while an assigned member of an
infantry company in Vietnam.

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

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 May 1989.  Therefore, the time for
the applicant to file a request for correction of an error or injustice
expired on 30 May 1992.  The applicant did not file within the ABCMR’s 3-
year statute of limitations and has not provided compelling explanation or
evidence to show that it would be in the interest or justice to excuse
failure to timely file in this case.

5.  The evidence shows that based on his service and campaign participation
in the Republic of Vietnam, the applicant is entitled to the silver service
star for wear on his Vietnam Service Medal.  The omission of this award
from his record is an administrative matter and does not require Board
action to correct.  Thus, administrative correction of his record will be
accomplished by the Case Management Support Division (CMSD), St. Louis,
Missouri, as outlined by the Board in paragraph 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___jev __  ___cvm__  __lmb___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 basic for correction of the
individual concerned to show award of the Combat Infantryman Badge.


2.  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 to show award of the silver service star to be affixed to the
Vietnam Service Medal.




                                  _____James E. Vick______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001461                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |26 October 2005                         |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENIAL WITH NOTE                        |
|REVIEW AUTHORITY        |MR SCHNEIDER                            |
|ISSUES         1.       |107.0007                                |
|2.                      |107.0073                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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