RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           6 December 2005
      DOCKET NUMBER:  AR20050003369


      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. Bernard Ingold                |     |Chairperson          |
|     |Mr. Donald Steenfott              |     |Member               |
|     |Mr. Edward Montgomery             |     |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, he was never a clerk and that he
performed the duties of military occupational specialty (MOS) 11B (light
weapons infantryman) during his assignment in Vietnam from 1968 to 1970.

3.  The applicant provides orders and a citation for the Army Commendation
Medal with "V" Device and a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 November 1970.  The application submitted in this case is dated 14
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 enlisted on 15 March 1968 for a period of 3 years.  He
successfully completed basic combat training and advanced individual
training in MOS 70A (clerk).  He arrived in Vietnam on 10 September 1968.
He served in MOS 70A assigned to Headquarters and Headquarters Company,
13th Signal Battalion, 1st Cavalry Division in Vietnam from 14 September
1968 through
26 January 1969.  He served in MOS 71B (clerk typist) assigned to
Headquarters and Support Company, 13th Signal Battalion in Vietnam from 27
January 1969 through 5 March 1970.  He served in MOS 71H (company clerk)
assigned to Headquarters and Headquarters Company, 13th Signal Battalion in
Vietnam from 6 March 1970 through 2 November 1970.  On 3 November 1970, the
applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal, the
Vietnam Campaign Medal, the Good Conduct Medal, the National Defense
Service Medal, the Parachutist Badge, the Bronze Star Medal, the Army
Commendation Medal with First Oak Leaf Cluster, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation as authorized awards.
5.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

6.  Records show the applicant participated in seven campaigns during his
assignment in Vietnam.

7.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
3223, dated 16 March 1969, show the applicant received the Army
Commendation Medal with "V" Device for heroism on 23 February 1969 in
Vietnam.  The citation for this award states, in pertinent part, "while
serving as a clerk."

8.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
1604, dated 31 January 1970 show the applicant received the Army
Commendation Medal for meritorious service during the period September 1968
to March 1970.

9.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
3158, dated 5 March 1970 show the applicant received the Army Commendation
Medal for meritorious service during the period April 1969 to April 1970.
(This period overlaps that shown on Headquarters, 1st Cavalry Division
(Airmobile) General Orders Number 1604, dated 31 January 1970).

10.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
3778, dated 16 March 1970, amended the portion pertaining to the applicant
on Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
3158, dated 5 March 1970, to read award of the Army Commendation Medal with
First Oak Leaf Cluster.

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 the applicant's unit was cited for
award of the Valorous Unit Award for actions during the period 1 May 1970
to 29 June 1970 by Department of the Army General Orders Number 43, dated
1972.

12.  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 13 January 1968 to 30 September 1968 by Department of the Army
General Orders Number 51, dated 1971.  His unit was cited for a second
award of the Meritorious Unit Commendation for actions during the period 1
October 1968 to 1 April 1969 by Department of the Army General Orders
Number 50, dated 1971.

13.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
entitled to one award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation (9 August 1965 to 19 May 1969) based on Department of the
Army General Orders Number 59, dated 1969, one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation (May 1969 to February 1970)
based on Department of the Army General Orders Number 11, dated 1973; and
one award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation (21 February 1970 to 28 February 1971) based on Department of the
Army General Orders Number 42, dated 1972.

14.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is entitled to award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 42, dated 1972.

15.  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.

16.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

17.  Paragraph 1-18 of Army Regulation 600-8-22 states that only one
decoration will be awarded to an individual for the same act, achievement,
or period of meritorious service.

18.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.  This guidance also provides that when a single unit receives
duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation during the same period, then only one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation will be recorded in
official personnel records.



DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held and served in clerical MOSs
during his assignment in Vietnam.  The citation provided by the applicant
shows he was serving as a clerk when he was awarded the Army Commendation
Medal with "V" Device.  There is no evidence of record which shows the
applicant served in an infantry MOS or served in active ground combat while
an assigned member of an infantry unit of brigade or smaller size in
Vietnam.  Therefore, there is insufficient evidence on which to base award
of the Combat Infantryman Badge in this case.

2.  The applicant participated in seven campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star and two bronze service stars.

3.  The applicant's DD Form 214 shows the Army Commendation Medal with
First Oak Leaf Cluster.  However, orders show the applicant received the
Army Commendation Medal with "V" Device and two awards of the Army
Commendation Medal for meritorious service.  Since the two awards for
meritorious service are for overlapping dates of service, only one of these
awards is valid in accordance with the governing regulation.  Therefore,
the applicant is entitled to two awards of the Army Commendation Medal, one
award for heroism, and correction of his DD Form 214 to show award of the
Army Commendation Medal with First Oak Leaf Cluster with "V" Device.

4.  The applicant's unit was cited for award of the Valorous Unit Award,
two awards of the Meritorious Unit Commendation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation while he was
assigned to it.

5.  The applicant’s unit was awarded three awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and so he is entitled to
wear one of those awards.  However, his DD Form 214 should be corrected to
show three awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 3 November 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 2
November 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.

7.  Evidence shows that the applicant’s records contain administrative
errors which do 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

BI______  _DS_____  _EM_____  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 errors 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 that he was awarded the Vietnam Service Medal with one
silver service star and two bronze service stars, the Army Commendation
Medal with First Oak Leaf Cluster with "V" Device, the Valorous Unit Award,
two awards of the Meritorious Unit Commendation, three awards of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.


            __Bernard Ingold _____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050003369                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051206                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]