RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 SEPTEMBER 2005
      DOCKET NUMBER:  AR20050003099


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. James Hise                    |     |Chairperson          |
|     |Mr. Thomas O’Shaughnessy          |     |Member               |
|     |Mr. Patrick McGann                |     |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 his separation document be corrected to
reflect award of the Combat Infantryman Badge, the Army Commendation Medal,
and the Army Good Conduct Medal.

2.  The applicant states he received the awards while in Vietnam but they
were not listed on his separation document.  He states that while seeking
benefits from the Department of Veterans Affairs he noticed the omission
and was told to contact this Board.  He states his orders were destroyed in
a hurricane in 2004.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 9 June 1972.  The application submitted in this case is
dated
16 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.  Records available to the Board indicate the applicant entered active
duty on 10 June 1969.  Following completion of infantry and airborne
training he was assigned to Headquarters and Headquarters Company, 173rd
Airborne Brigade in Vietnam in January 1970.  He initially performed duties
as a rifleman (specialty 11B) but on 30 June 1970 he assumed duties as an
operations assistant in the same unit.

4.  In August 1970 the applicant was awarded a Bronze Star Medal for
meritorious achievement in connection with ground operations against a
hostile force in the Republic of Vietnam.  The period of achievement
recognized by the award spanned from 25 January 1970 through 18 June 1970.


5.  On 6 December 1970 the applicant departed Vietnam.  After his
departure, on 26 December 1970, he was awarded an Army Commendation Medal
for meritorious service in connection with military operations against a
hostile force in the Republic of Vietnam during the period January 1970 to
January 1971.  Orders issued by the 173rd Airborne Brigade confirmed the
award, although it was omitted from his separation document.

6.  Upon the applicant's return to the United States he was assigned to
Fort Benning, Georgia.  On 20 January 1972 he was awarded the Army Good
Conduct Medal.  Orders issued by the United States Army Infantry Center at
Fort Benning confirmed the award.  It was however, omitted from his
separation document.

7.  On 9 June 1972 the applicant was released from active duty.  His
separation document does not reflect award of the Combat Infantryman Badge
and his available records contain no evidence he was awarded the badge.

8.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman (11 series
specialty), assigned to an infantry unit during such time as the unit is
engaged in active ground combat, and must have actively participated in
such ground combat.

9.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
awarded the Republic of Vietnam Gallantry Cross Unit Citation with Palm and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
during his tenure with the organization.  The unit awards were also omitted
from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence confirms the applicant was awarded and Army Commendation
Medal and the Army Good Conduct Medal.  His records should be corrected
accordingly.

2.  Unfortunately, however, while the applicant may have been an
infantryman, assigned to an infantry unit in Vietnam, there is no evidence
which confirms that he engaged in and actively participated in ground
combat, one of the primary requirements for award of the Combat Infantryman
Badge.  Although both his Bronze Star Medal and Army Commendation Medal
contain the statement that the awards were made in connection with ground
operations against a hostile force in the Republic of Vietnam they do not
identify the applicant as actually having engaged in that ground combat.
In the absence of evidence confirming he did participate in ground combat,
the applicant’s request for award of the Combat Infantryman Badge can not
be granted.

3.  The evidence does show that the applicant is entitled to the Republic
of Vietnam Gallantry Cross Unit Citation with Palm and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation awarded during
his tenure with the 173rd Airborne Brigade.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JH  ___  __TO ___  __PM  __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  by showing that he was awarded the Army Commendation Medal and the
Army Good Conduct Medal; and


      b.  by showing that he is entitled to the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge.




                            ______ James Hise________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003099                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050920                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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