RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 November 2005
      DOCKET NUMBER:  AR20050003700


      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:

|     |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, in effect, that he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in his application, in effect, that he lived with
the 1st Cavalry Division and the 1st Infantry Division (the "Big Red One")
for 14 months in Phu Bai and Hue.  He received combat infantry pay for 26
months and served two tours plus in Vietnam.

3.  In the self-authored letter to the Board, the applicant gives a
condensed account of the activities that exposed him to the enemy and which
put him in harms way.  He describes the courier route and the routine he
followed in discharging his duties and tells about two incidents in which
he lost his vehicle due to enemy activity.  He specifically indicates, "in
Vietnam one did not always follow specific duties under his MOS [military
occupational specialty] that he was trained for."

4.  The applicant submits his self-authored account of events he
experienced in Vietnam, a copy of a map of Vietnam, and a transmittal cover
form (IDVA Form 200) from the State of Illinois, Department of Veterans'
Affairs, dated 8 March 2005; in support of his request for award of the
Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 13 April 1970.  The application submitted in
this case is dated 24 February 2005 but was not received for processing
until 18 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 enlisted in the
Regular Army on 11 September 1967.  He completed basic combat and his
advanced
individual training at Fort Leonard Wood, Missouri.  After completing all
required training, he was awarded the military occupational specialty
(MOS), 71H (Personnel Specialist).

4.  The applicant served in Vietnam from 18 February 1968 through 13 April
1970.

5.  The applicant served with Company B, 87th Engineer Battalion
(Construction), from 18 February 1968 through 26 October 1968 as a Company
Clerk.  He was reassigned to serve with Headquarters and Headquarters
Company, 45th Engineer Group, later redesignated to the 45th Engineer
Group Land Clearing Company (Provisional), as a Records Clerk.  He
remained with this unit; but, on 12 February 1969, he was assigned the
duties of Transient Noncommissioned Officer.  On 15 December 1969 he was
assigned the duties of General Clerk in the message center.

6.  The applicant was honorably released  from  active  duty,  on  13  April
1970, under the provisions of  Army  Regulation  (AR)  635-200,  Chapter  5,
Section VII, overseas returnee.  He was separated in the rank and pay  grade
of Specialist Five, E-5.  On the date he was released from active  duty,  he
had completed 2 years, 7 months, and 3 days  active  military  service.   Of
this service, 2 years, 1 month and 26 days were spent in the US Army in  the
Pacific (Vietnam).

7.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States Report of Transfer or Discharge, shows he
was awarded:  the Good Conduct Medal; the Republic of Vietnam Campaign
Medal; the National Defense Service Medal; the Expert Marksmanship
Qualification Badge, with Automatic Rifle Bar (M-16 Rifle); and the
Sharpshooter Marksmanship Qualification Badge, with Rifle Bar (M-14 Rifle).
 The Combat Infantryman Badge is not shown on the applicant's DD Form 214.

8.  There is no entry in Item 22 (Military Occupational Specialties), of
the DA Form 20, Enlisted Qualification Record, showing the applicant was
awarded and held an infantry MOS.

9.  There are no orders in the applicant's military personnel records
awarding him an infantry MOS.

10.  The applicant's DD Form 214 does not show entitlement  to  the  Vietnam
Service Medal and to the bronze service stars that he  is  entitled  to  for
his campaign participation credit.

11.  While in Vietnam, the applicant participated in the following seven
campaigns:  the Tet Counteroffensive, which extended from 30 January
through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which
extended from 2 April through 30 June 1968; the Vietnam Counteroffensive,
Phase V, which extended from 1 July through 1 November 1968; the Vietnam
Counteroffensive, Phase VI, which extended from 2 November 1968 through 22
February 1969; the Tet 69 Counteroffensive, which extended from 23 February
through 8 June 1969; the Vietnam Summer-Fall 1969, which extended from 9
June through 31 October 1969; and the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970.

12.  Department of the Army (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 the 45th Engineer Group
was awarded the Meritorious Unit Commendation, for the period 1 August 1969
through 15 July 1970, by Department of the Army General Orders (DAGO)
Number 48, dated 1971.  He is entitled to have this unit award added to his
DD Form 214.

13.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) is entitled to award of the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, for the period 20 July 1965 through 28 March
1973, awarded by DAGO 8, dated 1974.  He is entitled to have this unit
award added to his DD Form 214.

14.  AR 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.

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.

16.  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.

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

18.  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.

19.  Historically, War Department Circular 186-1944 provided that the
Combat Infantryman Badge was to be awarded only to infantrymen serving with
infantry units of brigade, regimental or smaller size.  Additionally, World
War II holders of the Combat Infantryman Badge received a monthly pay
supplement known as combat infantry pay and holders of the Expert
Infantryman Badge were entitled payment of expert infantry pay.  These
payments were made available to Soldiers who serve in World War II as an
incentive and as a reward for their service.  A review if finance policy
revealed that any additional pay received by the applicant while he served
in Vietnam was not combat infantry pay but rather, foreign service pay and
hazardous duty pay.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence, and the applicant has provided none, to show he
held an infantry MOS while he served in Vietnam.

2.  Throughout his assignment in Vietnam, the applicant was assigned to
engineer units.

3.  All Soldiers are provided basic combat skills training after they enter
the Army. This is provided to ensure that they have the survival skills to
perform basic infantry missions when the need arises.

4.  No other Soldier in combat is more exposed on a daily basis to the
dangers and hardships of war and no other branch of the service suffers
more casualties than the infantry.  To maintain the prestige, uniqueness,
and traditional value of the Combat Infantryman Badge, the criteria for
award has changed little over the years.

5.  The exigencies of combat may require non-infantry Soldiers to
temporarily perform the basic infantry duties that all Soldiers are taught
but, it is not a basis for award of the Combat Infantryman Badge.

6.  Although, as indicated in his condensed account of the activities, he
may have been exposed to the enemy and to enemy fire, the applicant does
not meet the criteria for award of the Combat Infantryman Badge.

7.  The applicant served in seven campaigns while he served in Vietnam.   He
is therefore entitled to award  of  the  Vietnam  Service  Medal,  with  one
silver service star and two bronze service stars and to  have  these  awards
shown on his DD Form 214.

8.  The applicant served in a unit at the time the unit was awarded the
Meritorious Unit Commendation and the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation.  These unit awards are not shown on his DD Form
214.  He is entitled to these unit awards and to have them added to his
DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_MKP__  __LDS___  __MJF___  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 by:

      a.  awarding the applicant the Vietnam Service Medal, with one silver
service star and two bronze service stars, to correctly denote his campaign
participation credit while he served in Vietnam, and adding these awards to
his DD Form 214; and

      b.  awarding the applicant the Meritorious Unit Commendation and the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and adding
these unit awards to his DD Form 214;

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 and its addition to his DD Form 214.




                            ____   M. K. Patterson_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050003700                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051110                                |
|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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