RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 October 2005
      DOCKET NUMBER:  AR20050004496


      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             |
|     |Ms. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Ms. Linda Simmons                 |     |Member               |
|     |Mr. Kenneth 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 for his
service in Vietnam from 4 November 1966 to 22 October 1967.  He also
requests award of the Army Commendation Medal be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states his primary military occupational specialty (MOS)
during his assignment in Vietnam was 11D20 (Armor Intelligence Specialist).
 He states he was a combat correspondent from 9 November 1966 to 22 October
1967.

3.  The applicant provides a copy of his DD Form 214; his orders and
citation awarding him the Army Commendation Medal, and an article
describing hostile fire action in Vietnam on 6 November 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 January 1968.  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.  The applicant was inducted into the Army on 14 April 1966.  He
completed the required training and was awarded MOS 11D in August 1966.  He
was assigned to the 10th Public Information Detachment, 196th Infantry
Brigade in Vietnam on 4 November 1966.

4.  The applicant was promoted to specialist four on 28 August 1967.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows his
conduct and efficiency ratings as "excellent" throughout his service and
there is no record of disciplinary action taken against him.

6.  The applicant's DA Form 20 shows he served in duty MOS 71Q (Information
Specialist) as a combat correspondent in Vietnam.  He was awarded primary
MOS 71Q and secondary MOS 11D on Headquarters, 196th Light Infantry Brigade
Special Orders Number 237 dated 31 August 1967.  These orders also withdrew
his primary MOS 11D and secondary MOS 71Q.

7.  Headquarters, Americal Division General Orders Number 1687 dated
23 December 1967 awarded the applicant the Army Commendation Medal for
meritorious service in the Republic of Vietnam from November 1966 to
November 1967.

8.  The applicant was honorably released from active duty on 16 January
1968 after completing 1 year, 9 months and 3 days total active military
service with no days of lost time.

9.  His DD Form 214 shows the National Defense Service Medal, the Vietnam
Service Medal with one bronze service star and the Republic of Vietnam
Campaign Medal as authorized awards.

10.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

11.  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 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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded an armor MOS, 11D; he was later awarded MOS
71Q and served as a combat correspondent in Vietnam.  He also acknowledges
that he held and served in an armor, not an infantry, MOS.  Therefore, he
has not met the requirements for award of the Combat Infantryman Badge.

2.  Orders show the applicant was awarded the Army Commendation Medal for
meritorious service in Vietnam.  Therefore, it would be appropriate to add
the Army Commendation Medal to his DD Form 214.

3.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 14 April
1966 through 16 January 1968.  His service records show he received conduct
and efficiency ratings of "excellent" and he was promoted to specialist
four during this period.

4.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, this foreign unit award should be
added to the applicant's DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 January 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 January 1971.  The applicant did not file within
the 3-year statute of limitations; however, based on the available evidence
it would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

JS______  LS______  KL______  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:

      a.  by awarding him the Army Good Conduct Medal for the period 14
April 1966 through 16 January 1968; and
      b.  by adding award of the Army Commendation Medal, the Army Good
Conduct Medal and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation 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.




                            John Slone____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004496                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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