RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR20050003184


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |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, in effect, that he be awarded the Combat
Infantryman Badge and the Air Medal and that they be added to his DD Form
214, Armed Forces of the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that these awards are not indicated on
his DD Form 214.  He served with the 9th Infantry Division and the 101st
Airborne Division in Vietnam and in Cambodia and was in combat numerous
times as well as numerous helicopter insertions.  These facts are a part of
his military history.

3.  The applicant provided no documentary evidence in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 6 August 1971.  The application submitted in this case is dated
8 February 2005 but was not received for processing until 1 March 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’s military records show that he was inducted into the
Army of the United States on 7 August 1969.  He completed his basic combat
and his advanced individual training at Fort Lewis, Washington.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 11B, Light Weapons Infantryman.

4.  The applicant was assigned to Vietnam and he arrived there on 20
January 1970.  He was assigned to Company A, 2nd Battalion, 47th Infantry
Regiment, 9th Infantry Division.  On 12 September 1970, the applicant was
reassigned to Company A, 3rd Battalion, 506th Infantry, 101st Airborne
Division.  He served with this unit until he was reassigned to the United
States to complete his military service obligation.
5.  The applicant was honorably released from active duty on 6 August 1971,
under the provisions of Army Regulation (AR) 635-200, at the expiration of
his term of service, in the rank and pay grade of Private, E-2, with 2
years active military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal; the Vietnam Service Medal,
with two bronze service stars; the Republic of Vietnam Campaign Medal;
and the Expert Marksmanship Qualification Badge, with Rifle Bar.  The
Combat Infantryman Badge and the Air Medal are not shown on the
applicant's DD Form 214.

7.  There are no orders in the applicant's service personnel records to
show he was awarded the Air Medal.  The applicant’s request for award of
the Air Medal is outside the statute of limitations on approval of award
recommendations for actions during the Vietnam War.  However, the
applicant’s request for this award can be considered under the provisions
of Title 10, United States Code, Section 1130, which governs consideration
of awards not submitted within time limits established by law.  The
applicant must exhaust this remedy; therefore, this award will not be
discussed further in these proceedings.

8.  There are no orders in the applicant's service personnel records to
show he was awarded the Combat Infantryman Badge.

9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, to show he was
awarded the Combat Infantryman Badge.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of bronze service stars
to which the applicant is entitled for his campaign participation.

11.  While in Vietnam, the applicant participated in the following three
campaigns: the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.

12.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to the
2nd Battalion, 47th Infantry Regiment, 9th Infantry Division, was awarded
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 29 July 1969 through 20 July 1970, by Department of the Army General
Order (DAGO) Number 55, dated 1971 the Republic of Vietnam Civil Actions
Honor Medal, First Class, Unit Citation, for the period 26 July 1969
through 20 July 1970, by DAGO 55, dated 1971; and the Valorous Unit Award,
for the period 1 May through 29 June 1970, by DAGO 43, dated 1972.  These
unit awards are not shown on his DD Form 214.

13.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar [M-14 Rifle] in paragraph 217, Special Orders 262,
published by Headquarters, US Army Training Center, Infantry and Fort
Lewis, on 19 September 1969.  This marksmanship qualification badge is not
shown on the applicant's DD Form 214.  The applicant was awarded the Expert
Marksmanship Qualification Badge with Automatic Rifle Bar [M-16 Rifle].
This badge is shown on the applicant's DD Form 214; however, the weapon is
only identified as, "Rifle."

14.  AR 600-8-22 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 (formerly known as the Total Army Personnel 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.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

16.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

17.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
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.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded and held the MOS 11B, Light Weapons
Infantryman; he was assigned to an infantry unit of brigade, regimental
or smaller size; the applicant received no awards for valor or for
service at the end of his tour of duty in Vietnam; and, there is
insufficient evidence to show that he served in active ground combat
while in Vietnam.  The applicant is therefore ineligible for award of the
Combat Infantryman Badge and to have it added to his DD Form 214.

2.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal, as
opposed to the two bronze service stars currently shown on his DD Form 214.

3.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation; and the Valorous
Unit Award; while he was a member of the unit.  He is therefore entitled to
these unit awards and to have them added to his DD Form 214 at this time.

4.  The applicant served in Vietnam from 20 January 1970 through 11
December 1970.  He served in Vietnam for 12 months, counting the month of
his arrival and the month of his departure from Vietnam.  He is therefore
entitled to award of two overseas service bars and to have them shown on
his DD Form 214.

5.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar, and the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar.  These marksmanship qualification badges are not
shown on his DD Form 214.  He is entitled to have them shown on his DD Form
214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 August 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 5 August 1974.  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.

7.  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

_MJF___  __LGH___  _JS_____  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 by:

      a.  deleting the Vietnam Service Medal, with two bronze service stars
from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and two overseas service bars and adding these awards
to the applicant's DD Form 214; and

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and the Valorous Unit Award; and adding
these unit awards to his DD Form 214.




                                  ______John Slone_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050003184                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051214                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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