RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050003033


      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:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he believes the paperwork for his
Combat Infantryman Badge was somehow lost or misplaced when he reenlisted
on
15 January 1969 while serving in Vietnam.

3.  The applicant provides a copy of his DD Form 47 (Record of Induction),
dated 26 February 1968; 3rd Form (Acknowledgment of Service Obligation),
dated
15 May 1968; DD Form 4 (Enlistment Contract - Armed Forces of the United
States), dated 15 January 1969; Headquarters, 9th Infantry Division
(Vietnam), General Orders Number 9571, dated 9 July 1969; DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge), dated
23 February 1970; DD Form 4, dated 24 February 1970; DA Form 20 (Enlisted
Qualification Record), Date of Audit: 6 October 1970; National Personnel
Records Center (NPRC), Case Management Reporting System (CMRS), Service
Request, dated 11 July 2003; NPRC Request for Information Needed to
Reconstruct Medical Data, dated 24 July 2003; NPRC Questionnaire About
Military Service, dated
1 August 2003; NPRC letter to applicant, dated 13 February 2004; and a one-
page extract from War Stories  4th Infantry Division - Utah Beach to
Pleiku, in support of his application.

4.  The applicant indicated on the DD Form 149 that the Veterans of Foreign
Wars of the United States (VFW) would act as counsel.  The VFW announced
that, effective 1 September 2005, it can no longer participate as a
representative in matters pertaining to correction of military records.  As
a result, this case is being considered by the Army Board for Correction of
Military Records without referral to the VFW for review and comment.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 23 February 1970, the date of his discharge.  The application
submitted in this case is dated 9 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 was inducted into
the U.S. Army on 15 May 1968.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant's military service record shows that he was assigned to
Company D, 3rd Battalion, 60th Infantry, 9th Infantry Division in Vietnam,
where he served as a Light Weapons Infantryman, from 27 October 1968
through
14 January 1969.  On 15 January 1969, the applicant reenlisted for MOS 36C
(Lineman) and was assigned to Company A, 9th Signal Battalion, 9th Infantry
Division, where he served as a Lineman until 18 August 1969.

5.  The applicant continued to serve in the U.S. Army and returned to
Vietnam on 4 May 1970.  He was assigned to Company B, 99th Combat Service
Support Battalion, 3rd Battalion, 9th Infantry Division, where he served in
MOS 76Y (Supply Clerk) and then in MOS 64B (Heavy Vehicle Driver).  On 8
October 1970, he was reassigned to Company B, 25th Supply and
Transportation Battalion, 25th Infantry Division, where he served until he
was returned to the United States on compassionate leave on 30 October
1970.

6.  The applicant's military service records are absent a final DD Form
214.  However, the DD Form 214, issued on 23 February 1970, shows in Item
23a (Specialty Number & Title) the entry "11B2O  LT WPNS INFMN".  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of this document shows that he was awarded the
National Defense Service Medal, Vietnam Service Medal, and Bronze Star
Medal.

7.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 16
October 1968 through 19 August 1969; and from 4 May 1970 through 30 October
1970.  Item 39 (Campaigns) of this document shows that the applicant
participated in the Vietnam Counteroffensive and an unnamed 10th campaign.
8.  There are no orders in the applicant’s service personnel record which
shows that he was awarded the Combat Infantryman Badge.  His DA Form 20
does not list the Combat Infantryman Badge in Item 41 (Awards and
Decorations).

9.  The applicant provides his enlistment, reenlistment, award orders, and
discharge document; DA Form 20, documentation pertaining to his request for
records from the National Personnel Records Center in St. Louis, Missouri;
and a one-page extract from a book that defines the term "Line Company", in
support of his application.  The service-related documents provide evidence
of the applicant's service in the U.S. Army and his assignments in the
Republic of Vietnam.  In addition, the applicant's Bronze Star Medal award
order shows that he was awarded the Bronze Star Medal for meritorious
service in connection with military operations against a hostile force in
the Republic of Vietnam from October 1968 to July 1969.

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.  The applicant's record contains a copy of Headquarters, 9th Infantry
Division (Vietnam), General Orders Number 989, dated 28 January 1969, which
shows that he was awarded the Air Medal for meritorious achievement while
participating in sustained aerial flight from 7 November 1968 to 15 January
1969.

12.  The applicant's record contains a copy of Headquarters, U.S. Army
Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special
Orders Number 215, dated 23 August 1968, which shows that he was awarded
the Sharpshooter Marksmanship Qualification Badge with Machinegun (M60)
Bar.

13.  The applicant's record contains a copy of Headquarters, U.S. Army
Training Center, Infantry, Fort Bragg, North Carolina, Special Orders
Number 108, dated
6 July 1968, which shows that he was awarded the Sharpshooter Marksmanship
Qualification Badge with Rifle (M14) Bar.

14.  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 Company B, 99th Combat Service Support Battalion
(Vietnam), the unit was cited for award of the Meritorious Unit
Commendation by Headquarters, Department of the Army, General Orders Number
51 (1971).


15.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows the applicant participated in
the following campaigns:  Vietnam Counteroffensive Phase V, Vietnam
Counteroffensive Phase VI, TET 1969 Counteroffensive, Vietnam Summer-Fall
1969, DA Sanctuary Counteroffensive, and Vietnam Counteroffensive Phase
VII; a total of six campaigns.

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to Company A, 9th Signal Battalion, 9th Infantry
Division, the unit was awarded the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters, Department of the Army, General Orders
Number 59 (1969).  This document also shows that, at the time of the
applicant's assignment to Company D, 3rd Battalion, 60th Infantry, 9th
Infantry Division, the unit was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation by Headquarters,
Department of the Army, General Orders Number 59 (1969).

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Bronze
Star Medal is awarded in time of war for heroism and for meritorious
achievement or service.  As with all personal decorations, formal
recommendations, approval through the chain of command and announcement in
orders are required. Additionally, U.S. Army Vietnam Regulation 672-1
(Decorations and Awards) governed the military awards program in Vietnam
during the Vietnam War.  This regulation stated that the Bronze Star Medal
may have been awarded for heroism, meritorious achievement or service which
did not involve aerial flight, but which was performed in connection with
military operations against an armed enemy including combat, support, and
supply operations.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry commissioned officers, warrant
officers, and enlisted Soldiers 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 Military Awards Branch of
the U.S. Army Human Resources Command (formerly known as the U.S. Total
Army Personnel Command) has advised, in similar cases, that during the
Vietnam era, the Combat Infantryman Badge was awarded to enlisted Soldiers
only if they held and served in MOS 11B, 11C, 11F, 11G, or 11H.




19.  U.S. Army Vietnam Regulation Number 672-1 governed award of the Combat
Infantryman Badge to Army forces operating in South Vietnam.  This
regulation specifically stated that the Combat Infantryman Badge is the
unique award established to recognize the infantryman and only the
infantryman for his service and the criteria for award of the Combat
Infantryman Badge identified the man who trained, lived, and fought as an
infantryman.  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.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Air
Medal is awarded in time of war for heroism and for meritorious achievement
or service while participating in aerial flight.  This award is primarily
intended for personnel on flying status, but may also be awarded to those
personnel whose combat duties require them to fly, for example personnel in
the attack elements of units involved in air-land assaults against an armed
enemy.  As with all personal decorations, formal recommendations, approval
through the chain of command, and announcement in orders are required.

21.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

22.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.
23.  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 and a silver service star is authorized in lieu of five
bronze service stars.

24.  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.

25.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

26.  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.

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 an infantry
(line) unit in Vietnam from 27 October 1968 to 14 January 1969.  The
applicant also contends that he believes the paperwork for his Combat
Infantryman Badge was somehow lost or misplaced when he reenlisted in
Vietnam on 15 January 1969.



2.  There is no evidence of record that the applicant was awarded the
Combat Infantryman Badge.  However, the evidence of records shows that the
applicant was awarded the Bronze Star Medal for his meritorious service in
connection with military operations against a hostile force in the Republic
of Vietnam.  The Bronze Star Medal was awarded for meritorious service
which did not involve aerial flight, but which was performed in connection
with military ground operations against an armed enemy.  In addition, at
that time, the applicant held and was serving in MOS 11B, and he was
assigned to an infantry regimental unit (i.e., Company D, 3rd Battalion,
60th Infantry Regiment).  Therefore, it would be appropriate to correct the
applicant's records to show award of the Combat Infantryman Badge for
satisfactory performance of infantry duties while actively engaged in
ground combat against enemy ground forces during the period
27 October 1968 to 14 January 1969.

3.  General Orders awarded the applicant the Air Medal.  Therefore, it
would be appropriate to correct his records to show this award.

4.  Special Orders awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with Machinegun and Rifle Bars.  Therefore, it would be
appropriate to correct his records to show this badge and the component
bars.

5.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.

6.  Records show that the applicant served in six campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of one
silver service star and one bronze service star to be affixed to his
Vietnam Service Medal.

7.  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.

8.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

9.  Records show that the applicant served a total of 17 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of
two Overseas Service Bars.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 February 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. Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Combat Infantryman Badge.

BOARD VOTE:

__MKP__  __LDS __  __MJF __  GRANT FULL 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 showing award of the Combat
Infantryman Badge, Air Medal, Sharpshooter Marksmanship Qualification Badge
with Machinegun and Rifle Bars, Meritorious Unit Commendation, Vietnam
Service Medal with 1 silver service star and 1 bronze service star,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and 2 Overseas
Service Bars.




                            _____M. K. Patterson________
                                CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003033                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051110                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700223                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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