RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 December 2005
      DOCKET NUMBER:  AR20050003695


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. James B. Gunlicks             |     |Member               |
|     |Mr. Scott W. Faught               |     |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 he be awarded the Combat Infantryman Badge.

2.  The applicant states that he believes his record indicates he is
entitled to the Combat Infantryman Badge.

3.  The applicant provides 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 9 July 1968, the date of his release from active duty.  The
application submitted in this case is dated 17 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 records show the applicant entered active duty on 26 July 1966,
completed training, and was awarded the military occupational specialty
(MOS) 11D (Armor Intelligence Specialist).

4.  The applicant's DA Form 20 (Enlisted Qualification Record) indicates
at:

      a.  Block 22 (MOS), award of the MOS 11D on 28 November 1966;

      b.  Block 29 (Qualification in Arms) qualification as an expert with
the
M-14 rifle;

      c.  Block 38 ( Record of Assignments), assignment with B Troop, 1st
Squadron, 11th Armored Cavalry Regiment from 6 December 1967 through 9 July
1968.

      d.  Block 39, (Campaigns), service during two campaign periods;


      e.  Block 40 (Wounds), is blank; and


      f.  Block 41 (Awards), lists the applicant's awards as the Good
Conduct Medal, the National Defense Service Medal, the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with "1960" Device, and the
Expert Badge with Rifle Bar.


5.  The applicant was honorably separated from active duty on 9 July 1968.
His DD Form 214 lists his awards as the Good Conduct Medal, the National
Defense Service Medal, the Vietnam Service Medal, and the Republic of
Vietnam Campaign Medal with "1960" Device.

6.  Army Regulation 600-8-22 provides 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, 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.

7.  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 while the applicant was
assigned to the 1st Squadron, 11th Armored Cavalry Regiment it was cited
for award of the Valorous Unit Citation and the Republic Vietnam Cross of
Gallantry with Palm Unit Citation.

8.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign listed in Appendix B of
the regulation and states that authorized bronze service stars will be worn
on the appropriate campaign or service medal.  A silver service star is
authorized in lieu of five bronze service stars.  The regulation also lists
the designated campaign periods for which a bronze service star is
authorized for wear on the Vietnam Service Medal.  Based on the applicant's
dates of service in Vietnam, Appendix B indicates he participated during
the following three campaign periods: the Counteroffensive Phase III, 1
June 1967 – 29 January 1968; the Tet Counteroffensive, 30 January 1968 – 1
April 1968; and the Counteroffensive Phase IV, 2 April 1968 – 30 June 1968.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has provided no documentation to show he was assigned or
attached to an infantry unit of brigade, regimental or smaller size.  He
did not meet the regulatory criteria for award of the Combat Infantryman
Badge.

2.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

3.  The evidence shows that the applicant’s record contains an
administrative error that does not require action by the Board.  The
necessary corrections will be accomplished administratively by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined in
paragraph 3 of the Determination/Recommendation section below.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 July 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 8 July 1971.  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.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JBG__  __RTD__  __SWF___  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 that in addition to the awards listed on the applicant's
DD Form 214, he is also authorized the Valorous Unit Citation, the Republic
Vietnam Cross of Gallantry with Palm Unit Citation, the Expert Badge with
Rifle Bar, and to wear three bronze service stars on his Vietnam Service
Medal.




                                  _       Richard T. Dunbar__________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050003695                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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