RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         3 November 2005
      DOCKET NUMBER:  AR20050001792


      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             |
|     |Ms. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Thomas D. Howard              |     |Chairperson          |
|     |Mr. John Infante                  |     |Member               |
|     |Ms. Carmen Duncan                 |     |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 award of the Combat Infantryman Badge (CIB) and
Bronze Star Medal (BSM).

2.  The applicant states, in effect, unlike other members of his unit, he
never received the CIB and BSM for his tour in the Republic of Vietnam
(RVN).

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 7 September 1971.  The application submitted in this case
is dated 26 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 record shows he was inducted into the Regular Army and
entered active duty on 8 December 1969.  He was trained in and awarded
military occupational specialty (MOS) 11E (Armor Crewman), and the highest
rank he attained while serving on active duty was private first class
(PFC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 2 October 1970 through 12 August 1971.  During his
RVN tour, he was assigned to the Troop E, 17th Cavalry, 173rd Airborne
Brigade, performing duties in MOS 11E as an Armor Crewman.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his tenure on active duty:  Parachutist
Badge, Vietnam Service Medal (VSM), National Defense Service Medal (NDSM),
RVN Campaign Medal with 60 Device, and 1 Oversea Service Bar.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents showing he was ever recommended for or awarded
the CIB or BSM.
7.  On 7 September 1971, the applicant was honorably released from active
duty after completing a total of 1 year and 9 months of active military
service.  The
DD Form 214 he was issued at the time shows he earned the following awards:
 NDSM, Parachutist Badge, VSM with 1 bronze service star, RVN Campaign
Medal with 60 Device, and 1 Overseas Service Bar.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Chapter 8 of the award
regulations contains guidance on award of combat badges.  It states, in
pertinent part, that the CIB is awarded to infantry officers and to
enlisted and warrant officer personnel 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 Human Resources Command (HRC) has advised, in similar a case, that
during the Vietnam era the CIB was awarded only to enlisted individuals who
held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 3-13 of the
awards regulation outlines the criteria for award of the BSM.  It states,
in pertinent part, that it is awarded to any person who, while serving in
any capacity in or with the Army of the United States after 6 December
1941, distinguished himself by heroic or meritorious achievement or
service, not involving participation in aerial flight, in connection with
military operations against an armed enemy; or while engaged in military
operations involving conflict with an opposing armed force in which the
United States is not a belligerent party.  This awards, as with all
individual awards must be requested on a Recommendation for Award
(DA Form 638, and must be approved by the proper award authority.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (17th Cavalry) received the RVN
Civil Actions Honor Medal First Class Unit Citation and RVN Gallantry Cross
with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and BSM was carefully
considered.  However, there is insufficient evidence to support this claim.
 During the Vietnam era, award of the CIB was authorized for enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

2.  The evidence of record confirms the applicant held and served in MOS
11E, performing duties as an armor crewman during his RVN tour.  By
regulation, this MOS was not among the infantry MOS that qualified for
award of the CIB.  As a result, the regulatory criteria necessary to
support award of the CIB has not been satisfied in this case.

3.  The applicant's record is void of any orders, or other documents that
indicate he was ever recommended for, or awarded the BSM.  Further, this
award is not included in the list of awards contained in Item 41 of his DA
Form 20, or in his DD Form 214, which he authenticated with his signature
on the date of his separation.  In effect, this signature on the DD Form
214 confirms the information contained on the separation document, to
include the list of awards, was correct at the time the DD Form 214 was
prepared and issued.

4.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 7 September 1971.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on
6 September 1974.  He failed to 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.  The record confirms the applicant is entitled to the RVN Gallantry
Cross
with Palm Unit Citation and RVN Civil Actions Honor Medal First Class Unit
Citation.  The omission of these awards from his record is an
administrative matter that does not require Board action.  As a result, the
Case Management Support Division (CMSD), St. Louis, Missouri will be
requested to make
the necessary corrections as outlined in paragraph 3 of the of the
BOARD DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__TDH__  ___JI  ___  ___CD __  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 to show his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation; and by providing him a corrected
separation document that includes these changes.




                                  ____Thomas D. Howard____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050001792                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-03                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/09/07                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . .                       |
|DISCHARGE REASON        |Chapter 5                               |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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