RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           19 October 2005
      DOCKET NUMBER:  AR20050001947


      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. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Hubert O. Fry                 |     |Member               |
|     |Mr. Robert Rogers                 |     |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 received the CIB during his service
in the Republic of Vietnam (RVN), but the badge was not included in the
list of awards entered on his separation document (DD Form 214).

3.  The applicant provides, an Authorization for Issuance of Awards (DA
Form 1577) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error or injustice
that  occurred on 8 October 1971, the date of his release from active duty
(REFRAD). The application submitted in this case was received on 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 inducted into the Army and entered
active duty on 11 July 1969.  He was trained in and awarded military
occupational specialty (MOS) 11C (Infantry Indirect Fire Crewman).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 7 December 1969 through 8 November 1970.  During his
RVN tour, he was assigned to Company B, 2nd Battalion, 5th Cavalry
Regiment, 1st Cavalry Division, performing duties in MOS 11B, as an
infantryman and radio telephone operator.  Item 40 (Wounds) confirms he
received a fragmentation wound to his left leg on 28 February 1970.
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 2 bronze
service stars; Army Commendation Medal (ARCOM) with Valor (”V”) Device;
Purple Heart (PH); Bronze Star Medal (BSM); Air Medal (AM); RVN Campaign
Medal with 60 Device; Sharpshooter Qualification Badge with Rifle Bar (M-
16); Expert Qualification Badge with Rifle (M-14), Mortar and Hand Grenade
Bars.

6.  The applicant’s Military Personnel Records Jacket (MPRJ) contains a
copy of 1st Cavalry Division Special Orders Number 15, dated 15 January
1970.  These orders awarded the applicant the CIB, effective 4 January
1970.

7.  On 8 October 1971, the applicant was honorably separated after
completing
1 year, 9 months and 1 day of creditable active military service, and
accruing 180 days of time lost due to being absent without leave (AWOL).
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) of the DD Form 214 issued to the applicant
upon his REFRAD shows he earned the following awards during his active duty
tenure:  NDSM; VSM with 2 bronze service stars; RVN Campaign Medal; ARCOM
with “V” Device; AM; BSM; PH; Sharpshooter Qualification Badge with Rifle
Bar (M-16); and Expert Qualification Badge with Rifle Bar (M-14).

8.  The applicant provides a DA Form 1577, dated 16 May 2001, issued by the
National Personnel Records Center (NPRC).  This document, in addition to
those awards and decorations listed on the DD Form 214, authorized the
issue of the CIB and the Mortar Bar with his Expert Qualification Badge.

9.  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.

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 (2nd Battalion, 5th Cavalry
Regiment) earned the Valorous Unit Award and RVN Gallantry Cross with Palm
Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record includes orders awarding the applicant the CIB,
effective 4 January 1970.  Further, the record shows that during his RVN
tour, the applicant served in an infantry MOS, in a qualifying infantry
unit, and personally participated in combat with the unit, as evidenced by
his PH and ARCOM with “V” Device.  Therefore, it would be appropriate to
add the CIB to his record and separation document at this time.

2.  The record also shows that the applicant earned the Mortar and Hand
Grenade Bar with his Expert Qualification Badge, and that based on his RVN
service, he is entitled to the Valorous Unit Award and RVN Gallantry Cross
with Palm Unit Citation.  Therefore, it would also be appropriate to add
these awards to his record and DD Form 214.

BOARD VOTE:

___BSE _  ___HOF _  __RR___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 by amending Item 24 of his DD Form 214 by
adding the Combat Infantryman Badge, Valorous Unit Award, and Republic of
Vietnam Gallantry Cross with Palm Unit Citation; by deleting the current
Expert Qualification Badge entry and replacing with the entry “Expert
Qualification Badge with Rifle (M-14) Hand Grenade and Mortar Bars; and by
providing him a corrected separation document that includes these changes.





            ___Barbara J. Ellis________
                    CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050001947                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/10/19                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1971/10/08                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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