RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050004380


      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             |
|     |Mrs. Victoria A. Donaldson        |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Linda D. Simmons              |     |Member               |
|     |Mr. Kenneth W. Lapin              |     |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 the Combat Infantryman Badge was omitted from his
record by a clerical error.

3.  The applicant provides a two-page affidavit and several pages of
documents from his military record.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 December 1965, the date of his discharge from active
duty.  The application submitted in this case is dated 14 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 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.  Records show that the applicant enlisted in the Regular Army on
7 January 1963 for a period of three years.  He completed basic training
and advanced individual training and was awarded military occupational
specialty 11D10 (Scout).  Records show that he served in Vietnam as a scout
observer from 16 August 1965 through 29 December 1965 and was honorably
separated from active duty on 31 December 1965.

4.  The applicant's DD Form 214 (Armed Forces of the United States Report
of Transfer or Discharge) does not show award of the Combat Infantryman
Badge.  There are no orders in the applicant’s service personnel records
which show that he was awarded the Combat Infantryman Badge.





5.  There are no orders or personnel records which show the applicant was
assigned to an infantry duty position which was eligible for the Combat
Infantryman Badge during his service in Vietnam.   There is also no
evidence in the available records which show the applicant served in active
ground combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.

6.  The applicant provided a two-page affidavit, dated 31 August 2004, from
a fellow Soldier who served in combat with the applicant in Vietnam.  The
author essentially related his story of his involvement in combat action
and stated that he served with the applicant in combat in Vietnam.

7.  The applicant also provided a copy of 1st Cavalry Division Special
Orders Number 168, dated 16 December 1968.  These orders awarded the Combat
Infantryman Badge to numerous Soldiers.  The applicant's name is not among
those names listed on the orders.

8.  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 military
occupational specialty (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.

9.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

11.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  His records indicate that he participated in
the Vietnam Defense campaign and Vietnam Counteroffensive.


12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.

2.  There is no evidence in the available records and the applicant has not
provided sufficient evidence which shows that he was awarded the Combat
Infantryman Badge.  Military records show that the applicant was awarded
the military occupational specialty 11D (Scout) which is not among those
qualified for award of the Combat Infantryman Badge in accordance with Army
Regulations.

3.  Although, the applicant provided an affidavit from a fellow Soldier
that stated he served with the applicant in combat.  This statement was
prepared nearly 40 years after the fact and there is no evidence in the
applicant's official military personnel records which corroborates the
author's statements.

4.  Additionally, there is no evidence that the applicant served in an
infantry specialty, served in an infantry unit of regimental size or
smaller in ground combat all of which are required by regulation for award
of the Combat Infantryman Badge.  In view of these facts, there is
insufficient basis for award of the Combat Infantryman Badge.

5. Orders show the applicant was awarded the Vietnam Gallantry Cross with
Palm Unit Citation.  Therefore, he is entitled to correction of his record
to show this award.

6.  Records show that the applicant participated in two campaigns during
his service in Vietnam.  Therefore is eligible for award of two bronze
service stars to be affixed to his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 December 1965; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 December 1968.  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.

8.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JNS_____  _KL___  _LDS____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  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 award of the Vietnam Gallantry Cross with Palm Unit
Citation and two bronze service stars to be affixed to the Vietnam Service
Medal.



                                     __John N. Slone__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004380                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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