RECORD OF PROCEEDINGS


      IN THE CASE OF:    .


      BOARD DATE:        13 December 2005
      DOCKET NUMBER:  AR20050002207


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Mr. Allen L. Raub                 |     |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 that he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states, in effect, that he served in active ground combat
while escorting convoys and protecting various firebases in the Central
Highlands and along the Cambodian border.  He was assigned as a crewmember
of an M42A1 "Duster," a light tank that mounted twin 40 MM automatic
cannons.  He now suffers from cancer caused by Agent Orange.

3.  The applicant provides only his own statement to substantiate his case.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 10 June 1970.  The application submitted in this case is dated
31 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 he was inducted on 11 June 1968.
He completed training as an artilleryman and was awarded military
occupational specialty (MOS) 13F20.

4.  He served in Vietnam from 21 November 1968 to 11 November 1969 with
D Battery, 4th Battalion, 60th Artillery where he twice advanced to pay
grade E-4. He returned to the United States and served at Fort Bliss, Texas
until he was separated and transferred to the Army Reserve on 10 June 1970.

5.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows his
authorized awards as the National Defense Service Medal, the Vietnam
Service Medal with one Bronze Service Star, the Republic of Vietnam
Campaign Medal with "1960-" device and the Expert Badge with Rifle Bar.
6.  His DA Form 20 ( Enlisted Qualification Record) lists the same
authorized awards.

7.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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 CIB was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the CIB 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 CIB 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 CIB 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.

9. Army Regulation 600-8-22 also authorizes a bronze service star, based on
qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated in the
following five campaigns:  Counteroffensive Phase V 1 July 1-November 1968;
Counteroffensive Phase VI, 2 November 1968 - 22 February 1969; Tet 69
Counteroffensive, 23 February 1969 - 8 June 1969; Vietnam Summer-Fall 1969,
9 June 1969 - 31 October 1969; Vietnam Winter-Spring 1970; 1 November 1969
- 30 April 1970.



10.  Army Pamphlet 672-3 (Unit Citation and Campaign Credit Register) shows
that 4th Battalion, 60th Artillery was awarded the Meritorious Unit Award
for a period included in the applicant's tour of duty in Vietnam.

11.  Department of the Army General Orders 8 of 1974 awarded the Republic
of Vietnam (RVN) Gallantry Cross with Palm Unit Citation to Headquarters,
U.S. Army, Vietnam and subordinate units for the period 20 July 1965 to 28
March 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no available evidence that the applicant ever held an infantry
MOS or that he was ever assigned or attached to an infantry unit of brigade
or smaller size.  He is not eligible for award of the Combat Infantryman
Badge.

2.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
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.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 June 1970, therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 9 June 1973.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ALR___  __MHM _  __SLP __  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 that in addition to the awards currently on his DD Form
214, he is also authorized the Meritorious Unit Commendation, the Republic
of Vietnam Cross of Gallantry with Palm Unit Citation and to wear one
silver service star on his Vietnam Service Medal.



                                             Shirley L. Powell______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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