RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050002895


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy Jr.   |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 discharge document to show
award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served 9 months and 17 days in
the Republic of Vietnam as an infantryman and earned the Combat Infantryman
Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 June 1972, the date the Army Discharge Review Board notified the
applicant that his discharge had been changed.  The application submitted
in this case is dated 1 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 military service record shows that he enlisted in the
U.S. Army on 20 May 1969.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11E (Armor Crewman).

4.  The applicant's military service record shows that he was assigned to
C Troop, 3rd Squadron, 4th Cavalry, 25th Infantry Division in Vietnam, from
29 January 1970 to 6 November 1970.  On 7 November 1970, the applicant was
discharged from the U.S. Army under conditions other than honorable after
serving on active duty for a total of 1 year, 5 months, and 14 days.

5.  On 9 June 1972 the applicant was notified that, after reviewing the
findings and conclusions of the Army Discharge Review Board, the Secretary
of the Army directed that the applicant be informed that his discharge had
been changed to a general discharge with service characterized as under
honorable conditions.

6.  The applicant's DD Form 214 shows in Item 24 (Decorations, Medals,
Badges, Commendations, Citations and Campaign Ribbons Awarded or
Authorized) that he was awarded the National Defense Service Medal, Vietnam
Service Medal, Vietnam Campaign Medal, and Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 20
January 1970 through 6 November 1970.  Item 38 (Record of Assignments)
shows the applicant's Duty MOS as "11E" and Principal Duty as "Loader"
while assigned to C Troop, 3rd Squadron, 4th Cavalry (Vietnam).  Item 39
(Campaigns) of this document shows that the applicant participated in the
Vietnam Summer-Fall 1969 and an unnamed 17th campaign.

8.  There is no evidence in the applicant's service record that shows he
was awarded the Combat Infantryman Badge.  The applicant's DA Form 20 does
not list the Combat Infantryman Badge in Item 41 (Awards and Decorations)
and there are no orders in the applicant’s military personnel records which
show that he was awarded the Combat Infantryman Badge.

9.  The applicant provides his DD Form 214 in support of his application;
however, this document provides insufficient evidence in support of his
request for award of the Combat Infantryman Badge.

10.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

11.  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 that, at the time of the
applicant's assignment to C Troop, 3rd Squadron, 4th Cavalry, 25th Infantry
Division (Vietnam), the unit was cited for award of the Valorous Unit Award
by Headquarters, Department of the Army, General Orders Number 43 (1972).

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in three campaigns during his service in
Vietnam.  This document shows that the applicant participated in the
Vietnam Summer-Fall 1970, DA Sanctuary Counteroffensive, and Vietnam
Counteroffensive Phase VII.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to C Troop, 3rd Squadron, 4th Cavalry, 25th Infantry
Division (Vietnam), the unit was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation by Headquarters, Department of the Army,
General Orders Number 55 (1971) and General Orders Number 5 (1973).

14.  Army Regulation 600-8-22, Paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Award of the Combat Infantryman Badge during Vietnam was announced
in unit special orders, normally published at battalion or brigade level.

15.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge 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 Combat Infantryman
Badge 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 Combat Infantryman Badge was
authorized for award to infantry commissioned officers, warrant officers,
and enlisted Soldiers 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.  The Military Awards
Branch of the U.S. Army Human Resources Command (formerly known as the U.S.
Total Army Personnel Command) has advised that, in similar cases, during
the Vietnam-era the Combat Infantryman Badge was awarded only to enlisted
Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

16.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force, or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  This award requires a lesser
degree of gallantry, determination, and esprit de corps than required for
the Presidential Unit Citation.  Nevertheless,
the unit must have performed with marked distinction under difficult and
hazardous conditions in accomplishing its mission so as to set it apart
from and above other units participating in the same conflict.  The degree
of heroism required is the same as that which would warrant award of the
Silver Star to an individual.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A bronze service star is worn on
the Vietnam Service Medal to denote an additional award for participation
in a campaign.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

19.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

20.  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.  The U.S. Court of Appeals, observing
that applicants to the Army Discharge Review Board (ADRB) are by statute
allowed 15 years to apply there, and that this Board's exhaustion
requirement (Army Regulation 15-185, paragraph 2-8), effectively shortens
that filing period, has determined that the 3 year limit on filing to the
Army Board for Correction of Military Records (ABCMR) should commence on
the date of final action by the ADRB.  In complying with this
decision, the ABCMR has adopted the broader policy of calculating the 3-
year time limit from the date of exhaustion in any case where a lower level
administrative remedy is utilized.
DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Combat Infantryman Badge because he served as an infantryman in Vietnam and
earned the badge.  However, the applicant provides insufficient documentary
evidence to support his claim.

2.  There are no orders or evidence of records that show the applicant was
awarded the Combat Infantryman Badge.  The applicant held and served in MOS
11E in Vietnam, which is not one of the MOS codes associated with award of
the Combat Infantryman Badge according to the U.S. Army Human Resources
Command.  Therefore, there is insufficient evidence upon which to base
award of the Combat Infantryman Badge in this case.

3.  General Orders awarded the applicant's unit the Valorous Unit Award.
Therefore, it would be appropriate to correct his records to show this unit
award.

4.  Records show that the applicant served in three campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of
three bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  Records show that the applicant served 9 months and 17 days in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
one Overseas Service Bar.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 June 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
8 June 1975.  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.

8.  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.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JEA _  __TEO __  __CAK __  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 award of the Valorous Unit Award, Vietnam Service Medal
with 3 bronze service stars, Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and 1 Overseas Service Bar.




                                  ___JAMES E. ANDERHOM___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050002895                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051101                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19701107                                |
|DISCHARGE AUTHORITY     |AR 635-212                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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