RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 November 2005
      DOCKET NUMBER:  AR20050004473


      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:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. Melvin H. Meyer               |     |Member               |
|     |Ms. LaVerne Douglas               |     |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 the Good Conduct Medal and the
Combat Infantryman Badge be added to his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge.  In a follow-up application
to the Board, the applicant requested award of the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation.

2.  The applicant states, in effect, that he received the Combat
Infantryman Badge in January 1967 at Bearcat, in Vietnam.  His MOS
(military occupational specialty) was 11B4H, Light Weapons Infantryman.
The Combat Infantryman Badge was not put on his DD Form 214 when he
separated at Fort Gordon, Georgia, on 25 April 1968.  He states he was in
the 4th Battalion, 39th Infantry Regiment, 9th Infantry Division, and
served in Dong-Tam, attached to the mobile riverine force from September to
December 1967.  He adds it would be almost impossible to be in a combat
unit and not receive the Combat Infantryman Badge.  He summarizes by
stating that he did not notice the error until he applied for disability
compensation.

3.  The applicant provides a copy of his DD Form 214 and a copy of a
memorandum prepared by a National Service Officer, Disabled American
Veterans, National Service Office, Decatur, Georgia, that was used as a
cover letter for a claim he filed claiming service-connection for post-
traumatic stress disorder and a heart condition.  The documents were
submitted in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice which occurred on 25 April 1968.  The application submitted in
this case is dated 5 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.  The applicant’s military records show he was inducted into the Army of
the United States on 26 April 1966.  He was honorably released from active
duty on 25 April 1968 at Fort Gordon, Georgia, in the rank and pay grade,
Sergeant, E-5, on the expiration of his term of service.  The applicant
held the MOS 11B4H on his release from active duty.  On the date he was
released from active duty, the applicant had completed 2 years net active
duty service, with no lost time.  The applicant's DD Form 214 shows the
applicant served 1 year and 1 day in Vietnam.

4.  The circumstances behind the loss of the applicant's service personnel
records are not known; however, the evidence shows he was released from
active duty on temporary records.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal; the Vietnam Service Medal;
the Vietnam Campaign Medal, with '60 Device; the Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar; and two overseas service bars.  The
Combat Infantryman Badge and the Good Conduct Medal are not shown.

6.  There are no orders in the applicant's service personnel records to
show he was awarded the Combat Infantryman Badge or the Good Conduct
Medal.  There is no entry in Item 41 (Awards and Decorations), of the
applicants DA Form 20, Enlisted Qualification Record, showing he was
awarded the Combat Infantryman Badge or the Good Conduct Medal because he
was released from active duty on temporary records.

7.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.  Without the
applicant's service dates in Vietnam is not possible to establish his
entitlement to service stars to denote his campaign participation credit.

8.  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.

9.  The applicant's DA Form 20 showing the applicant's conduct and
efficiency rating is not available for review by the Board.  Without these
ratings, it is not
possible, due to insufficient evidence, to determine the applicant's
eligibility for award of the Good Conduct Medal.

10.  The applicant's DA Form 20, specifically Item 38 (Record of
Assignments), showing the units the applicant was assigned to and the duty
positions held by him while he served in Vietnam, is not available making
it difficult, due to insufficient evidence, to determine his eligibility
for award of the Combat Infantryman Badge.  Without this information, it
is not possible to determine the applicant's eligibility for award of the
Combat Infantryman Badge.

11.  Based on information recorded on the applicant's DD Form 214, his
service in Vietnam occurred between 26 April 1966 and 25 April 1968.  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 that the US Army Vietnam (USARV) and the US Military
Assistance Command, Vietnam (USAMACV) were awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation, for the periods 20
July 1965 through 28 March 1973 and from 8 February 1962 through 28 March
1973, respectively, by Department of the Army General Orders (DAGO) 8,
dated 1974.

12.  Army Regulation (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.

13.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying period of active duty enlisted service.  This period is 3 years
except in those cases when the period for the first award ends with the
termination of a period of Federal military service.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.
Service school efficiency ratings based upon academic proficiency of at
least "Good" rendered subsequent to 22 November 1955 are not disqualifying.

14.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was released from active duty on
temporary records.

2.  The applicant's DD Form 214 shows he served in Vietnam for 1 year and
1 day; however, the inclusive dates of his service in Vietnam are
unknown.  The applicant provided no evidence to show the dates of his
service in Vietnam.

3.  Because of a lack of the inclusive dates of the applicant's service
in Vietnam, it is not possible to determine his campaign participation
credit and thus award of bronze or silver service stars to be affixed to
his Vietnam Service Medal.

4.  The applicant stated he served with the 4th Battalion, 39th Infantry
Regiment, 9th Infantry Division; however, there is no evidence, and the
applicant provided none to support his statement; therefore, it is not
possible to determine his entitlement to additional unit citations/awards.

5.  Due to the lack of the applicant's DA Form 20, a determination about
his eligibility for award of the Good Conduct Medal and the Combat
Infantryman Badge can not be made.  The applicant is therefore not entitled
to award of the Good Conduct Medal or the Combat Infantryman Badge and
their addition to his DD Form 214.

6.  The applicant served in Vietnam either with a subordinate unit of the
USARV or the USAMACV while he served in Vietnam.  He served in Vietnam
during the qualifying period for award of the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation.  He is therefore entitled to this unit
award and to have it added to his DD Form 214.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LD___  ___MM___  ___SK__  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 awarding the applicant
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and
adding this award 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
awarding the applicant the Good Conduct Medal and the Combat Infantryman
Badge and adding these awards to his DD Form 214.




                            _______Stanley Kelley____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004473                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051129                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   102                |107.0056                                |
|3.   157                |107.0111                                |
|4.   140                |107.0094                                |
|5.                      |                                        |
|6.                      |                                        |


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