RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 NOVEMBER 2005
      DOCKET NUMBER:  AR20050004761


      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. Rene' R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert Duecaster              |     |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 (CIB).

2.  The applicant states that he received orders for the CIB in the field
in Vietnam but, was not given the award citation and it was not included on
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

3.  The applicant does not provide any supporting documentation with his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 23 March 1970, the date of his separation.  The
application submitted in this case is dated 19 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 enlisted in the Army on 1 April 1967 for a period of
three years. After completion of basic and advanced individual training, he
was awarded military occupational specialty 11B (Light Weapons
Infantryman).  He served in Vietnam from 8 November 1967 through 5 November
1968 and then again from 21 June 1969 through 23 March 1970.  He was
assigned during his first tour to Company B, 4th Battalion and to Company
D, 3d Battalion, (Airborne), 503d Infantry, 173d Airborne Brigade during
his second tour.  The applicant was honorably discharged on 23 March 1970.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
confirms that the applicant was awarded the Purple Heart.



5.  Army Regulation 600-8-22 provides 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, 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.

6.  Review of the applicant's DD Form 214 indicates that he is entitled to
additional awards that are not shown on this form.

7.  The applicant's DD Form 214 does not list award of the Bronze Star
Medal (BSM).  Headquarters, 173d Airborne Brigade, General Order Number
601, dated 22 March 1970, awarded the BSM to the applicant while assigned
to Company D, 3d Battalion (Airborne) 503d Infantry, from June 1969 to
       March 1970.

8.  The applicant's DD Form 214 does not list award of the Army
Commendation Medal (ARCOM).  Headquarters, 173d Airborne Brigade, General
Order Number 817, dated 12 April 1970, awarded the ARCOM to the applicant
while assigned to Company D, 3d Battalion (Airborne) 503d Infantry, from 7
October 1969 to           7 March 1970.

9.  The applicant's DD Form 214 does not list awards of the Presidential
Unit Citation, Republic of Vietnam Gallantry Cross Unit Citation with Palm,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that the 4th Battalion, 503d
Infantry, to which the applicant was assigned, was cited for award of the
Presidential Unit Citation for actions during the period 6 November 1967 to
23 November 1967 by Department of the Army General Orders Number 42, dated
1969.

11.  The document also shows that the 4th Battalion, 503d Infantry was
cited for award of the Republic of Vietnam Gallantry Cross Unit Citation
with Palm by Department of the Army General Orders Number 51, dated 1971
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Department of the Army General Orders Number 5, dated 1973.


12.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in six campaigns during his two tours of duty in Vietnam.
This same regulation states that a bronze service star will be awarded for
wear on the Vietnam Service Medal for participation in each campaign.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in Vietnam Counteroffensive
Phase III, TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI, Vietnam Summer-
Fall 69 campaign but, no bronze service stars are listed.

DISCUSSION AND CONCLUSIONS:

1.  Records show that the applicant's MOS was 11B, Light Weapons
Infantryman.  He served in active ground combat as verified by his award of
the Purple Heart and was assigned to an infantry brigade.  Therefore, he
met all the requirements and is entitled to the award of the CIB.

2.  The BSM and ARCOM orders are sufficient evidence to correct the
applicant’s record.  Additionally, evidence of record shows that while the
applicant was assigned to the 4th Battalion, 503d Infantry the unit was
awarded the Presidential Unit Citation, Republic of Vietnam Gallantry Cross
Unit Citation with Palm, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation. Therefore, the applicant is entitled to
correction of his records to show these awards.

3.  Evidence also shows that the applicant participated in six campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of one silver and one bronze service star to be
worn on his Vietnam Service Medal.

BOARD VOTE:

__SK ___  __JM  ___  __RD  __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 CIB;


     b. by showing he was awarded the BSM, and ARCOM; and

      c.  by showing he is entitled to the Presidential Unit Citation; the
Republic of Vietnam Gallantry Cross Unit Citation with Palm; the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation; and the
Vietnam Service Medal with one silver and one bronze service star affixed.






                            ______Stanley Kelley________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050004761                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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