RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 March 2005
      DOCKET NUMBER:  AR20050004196


      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. Robert J. McGowan             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Ms. Susan A. Powers               |     |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
(CIB).

2.  The applicant states that, in Vietnam, a "major portion" of his job
involved airbase perimeter control and command of the reaction platoon.  At
0100 hours, 27 June 1968, the Viet Cong attacked Marble Mountain Air
Facility and he defended the facility for the next 7 1/2 hours.

3.  The applicant provides:

      a.  A 16 April 2004 attachment to his application which states:

         • He was commissioned as an infantry officer with an infantry
           specialty.

         • Although he served in Vietnam as a pilot, he was also designated
           as Officer-in-Charge (OIC) of airbase perimeter security and
           reaction force commander.

         • He suffers from Post-Traumatic Stress Disorder (PTSD) which
           caused him to untimely file this request.

         • His battalion commander already awarded him the CIB, but it's
           not on his records.

      b.  A 16 April 2004 document entitled "Combat Details" outlining the
event for which he requests the CIB.

      c.  A copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge).

      d.  Copies of unit orders assigning him duties as Special Services
Officer, Area Defense Officer/Alternate Physical Security Officer, Escape
and Evasion Officer, and Reaction Platoon Leader.

      e.  A copy of an undated, unsigned recommendation for award of the
Silver Star to the applicant for rescuing fellow Soldiers from a burning
building on 27 June 1968.

      f.  Various orders for awards having nothing to do with the issue at
hand.

      g.  A copy of the Unit History, 245th Surveillance Airplane Company
for the period 1 January 1968 to 31 December 1968.  The only mention of the
incident cited by the applicant states, "Rockets again slammed into Marble
Mountain Air Facility killing two Army personnel and causing moderate
damage on 27 June."

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 14 December 1971.  The application submitted in this case
is dated 16 April 2004.

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 applicant was commissioned as a Regular Army  Second Lieutenant of
Infantry on 12 September 1965.  He completed the Infantry Officer Basic
Course, Basic Airborne Course, Ranger Course, and Jumpmaster Course.  He
was assigned to the 101st Airborne Division as an infantry officer.

4.  The applicant attended flight school and became an Army aviator.  He
served in Vietnam as an aviator assigned to the 245th Surveillance Airplane
Company, 212th Aviation Battalion, 1st Aviation Brigade.

5.  Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department
of the Army criteria, policy and instructions concerning individual
military awards, the Good Conduct Medal, service medals and service
ribbons, combat and special skill badges and tabs, unit decorations, and
trophies and similar devices awarded in recognition of accomplishments.  It
states, in pertinent part, that the CIB is awarded to infantry officers and
to enlisted and warrant officer personnel 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not shown that he is entitled to award of the CIB.
The applicant was an infantry officer, but he never served in an infantry
billet during the Vietnam War.  To be awarded the CIB, he would have had to
possess an infantry specialty, serve in an infantry unit, and participate
in ground combat.  His enduring a rocket attack on his airbase does not
qualify him for the CIB.

2.  The applicant's entitlement to other awards was addressed in a separate
application submitted by him and considered by this Board on 8 March 2005.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 13 December 1974.  However, 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

__mhm___  __phm___  __sap___  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.



                                        Melvin H. Meyer
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004196                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050329                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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