RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          29 September 2005
      DOCKET NUMBER:  AR20050002635


      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. Wanda L. Waller               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Lester Echols                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Mr. Leonard Hassell               |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge and
the Air Medal.

2.  The applicant states he was awarded the Combat Infantryman Badge on
13 January 1968 and awarded the Air Medal on 25 December 1968.  He contends
that the entry, “Rifle Badge” shown on his DD Form 214 should be the Combat
Infantryman Badge.

3.  The applicant provides a certificate for the Combat Infantryman Badge;
an award certificate for the Air Medal; and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
10 September 1968.  The application submitted in this case is dated 10
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 limitation 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 requested correction of his records to show award of the
Air Medal.  Although the applicant provided an award certificate for the
Air Medal, there are no orders or other evidence authorizing this
decoration to the applicant. In the absence of a proper award authority for
this decoration, the applicant may request award of the Air Medal under the
provisions of Section 1130 of Title 10, United States Code.  The applicant
has been notified by separate correspondence of the procedures for applying
for this decoration under Section 1130 and, as a result, they will not be
discussed further in this Record of Proceedings.

4.  The applicant enlisted on 20 September 1965 for a period of 3 years.
He arrived in Vietnam on 5 December 1967.  Orders show the applicant was
awarded primary military occupational specialty (MOS) 11B (light weapons
infantryman) effective 6 January 1968.  He served in this MOS assigned to
Company D, 1st Battalion, 506th Infantry in Vietnam until 5 September 1968.
 On 10 September 1968, the applicant was released from active duty.
5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
two awards of the Bronze Star Medal, the Vietnam Service Medal, and the
“Rifle Badge” as authorized awards.

6.  There are no orders for the Combat Infantryman Badge in the available
records.  However, the applicant provided a certificate which shows he was
awarded the Combat Infantryman Badge on 13 January 1968 in Vietnam.  This
certificate is authenticated by the Commanding General of the 3d Brigade,
101st Airborne Division.

7.  Headquarters, 8th Infantry Division Special Orders Number 111, dated
21 April 1966, show the applicant was awarded the Parachutist Badge.

8.  Headquarters, 101st Air Cavalry Division General Orders Number 4753,
dated 14 August 1968, show the applicant received the first award of the
Good Conduct Medal.

9.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the applicant's unit was cited for
award of the Valorous Unit Award for actions during the period 13 June 1968
to 23 September 1968 by Department of the Army General Orders Number 52,
dated 1974.

11.  Department of the Army Pamphlet 672-3 shows the applicant’s unit was
cited for award of the Meritorious Unit Commendation for actions during the
period 14 March 1968 to 3 October 1968 by Department of the Army General
Orders Number 5, dated 1977.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation based on Department of the Army General Orders Number 43,
dated 1970.

13.  Army Regulation 600-8-22 (Military Awards) 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 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.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Campaign Medal.  This medal was awarded by the Government of
Vietnam to all members of the Armed Forces of the United States for
qualifying service in Vietnam during the period 1 March 1961 through
28 March 1973.  Qualifying service included assignment in Vietnam for
6 months or more.  Qualifying service outside the geographical limits of
the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served
in an infantry MOS while assigned to an infantry company in Vietnam.
Evidence of record also shows that he received two awards of the Bronze
Star Medal and his unit was cited for the Valorous Unit Award while he was
assigned to it in Vietnam.  Although there are no orders for the Combat
Infantryman Badge in the available records, the certificate provided by the
applicant which shows that he received the Combat Infantryman Badge is
accepted as sufficient as a basis for amending the applicant’s DD Form 214
to show award the Combat Infantryman Badge.

2.  Orders show the applicant received the Parachutist Badge and the first
award of the Good Conduct Medal.

3.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

4.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal with 1960 Device.

5.  The applicant's unit was cited for award of the Valorous Unit Award,
the Meritorious Unit Commendation, and the Republic of Vietnam Gallantry
Cross with Palm Unit Citation while he was assigned to it.

6.  Records show the applicant should have discovered the alleged errors
now under consideration on 10 September 1968; therefore, the time for the
applicant to file a request for correction of any error expired on 9
September 1971.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

LE______  PS_____  LH______  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 his DD Form 214 to show that
he was awarded the Combat Infantryman Badge, the Parachutist Badge, the
Good Conduct Medal, the Vietnam Service Medal with four bronze service
stars, the Republic of Vietnam Campaign Medal with 1960 Device, the
Valorous Unit Award, the Meritorious Unit Commendation, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.



            ___Lester Echols______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050002635                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050929                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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