RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           13 September 2005
      DOCKET NUMBER:  AR20050001823


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette R. McCants           |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he served in the Republic of Vietnam
(RVN) and was told by his commander that he would receive the CIB.

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 26 June 1970.  The application submitted in this case was
received 4 February 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 initially inducted into the Army
and entered active duty on 9 June 1967.  He was honorably discharged on 15
June 1967 for the purpose of enlistment in the Regular Army (RA).  On 16
June 1967, he enlisted in the RA for 3 years.  He was trained in, awarded
and served in military occupational specialty (MOS) 76P (Supply Stock and
Accounting Clerk), and the highest rank he attained while serving on active
duty was specialist five (SP5).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 7 September 1968 through 24 August 1969.  During his
RVN tour, he was assigned to Headquarters and Headquarters Company (HHC),
15th Engineer Battalion, 9th Infantry Division, performing duties in MOS
76P, as a supply clerk and stock and accounting specialist.

5.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20 shows he
earned the following awards during his active duty tenure: National Defense
Service Medal (NDSM), Vietnam Service Medal (VSM) with 4 bronze service
stars, RVN Campaign Medal with 1960 Device, Army Commendation Medal
(ARCOM), and Marksman Qualification Badge with Rifle Bar.  Item 48 (Date of
Audit) shows the applicant last audited his DA Form 20 on 25 September
1968.

6.  On 26 June 1970, the applicant was honorably separated after completing

2 years, 11 months and 28 days of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his separation document (DD Form 214) shows he
earned the NDSM, VSM with 4 bronze service stars, RVN Campaign Medal with
1960 Device, ARCOM and Marksman Qualification Badge with Rifle Bar during
his active duty tenure.  The applicant authenticated this document with his
signature in Item 32 (Signature of Person Being Transferred or Discharged).


7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  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.  In
similar cases, the Awards Branch of the Human Resources Command (HRC) has
advised 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.

8.  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 (15th Engineer Battalion)
earned the Valorous Unit Award and RVN Gallantry Cross with Palm Unit
Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to the CIB was carefully
considered.  However, as confirmed by the HRC Awards Branch, during the
Vietnam era, award of the CIB was only authorized for enlisted individuals
who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

2.  The evidence of record in this case confirms the applicant held the MOS
76P, and that he served in this MOS as a supply stock and accounting
specialist during his RVN tour.  Thus, the regulatory criteria necessary to
support award of the CIB has not been satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration related to award of the CIB on 26 June
1970. Thus, the time for his to file a request for correction of any error
or injustice expired on 25 June 1973.  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.

4.  The evidence shows the applicant is entitled to the Valorous Unit Award
and RVN Gallantry Cross with Palm Unit Citation.  The omission of these
awards from his record is an administrative matter that does not require
Board action.  Thus, his record will be corrected by the Case Management
Support Division (CMSD), St. Louis, Missouri, 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

___SLP _  __RLD___  ___JRM_  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 Valorous Unit Award and Republic
of Vietnam Gallantry Cross with Palm Unit Citation; and by providing him a
corrected separation document that includes these awards.




            ___Shirley L. Powell_____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050001823                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/09/13                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/06/26                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Admin Note                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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