RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          18 October 2005
      DOCKET NUMBER:  AR2005004845


      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. Wanda L. Waller               |     |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.

2.  The applicant states although his military occupational specialty (MOS)
was 64B (heavy vehicle driver) he was in direct contact with the enemy.  He
contends on numerous occasions he was assigned to the Long Range
Reconnaissance unit for ambush patrol and that he came under direct fire
and under mortar attacks both while driving and while participating on
night patrols in Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 July 1967.  The application submitted in this case is dated 21 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 limitation 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 on 28 September 1965.  He was awarded MOS
64B and served in MOS 64B assigned to Headquarters Troop, 1st Squadron,
11th Armored Cavalry Regiment in Vietnam from 11 August 1966 through 1 July
1967.  On 4 July 1967, the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the Vietnam Service Medal, the
Vietnam Campaign Medal, the Good Conduct Medal, the National Defense
Service Medal, and the Marksman Marksmanship Qualification Badge with Rifle
Bar as authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

6.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

7.  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 the applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 60, dated 1969.

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 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 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.  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.  Evidence of record shows the applicant held and served in MOS 64B
during his assignment in Vietnam.  There is no evidence of record which
shows the applicant served in an infantry MOS or served in active ground
combat while an assigned member of an infantry unit of brigade or smaller
size in Vietnam.  Therefore, there is insufficient evidence on which to
base award of the Combat Infantryman Badge in this case.

2.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

3.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 4 July 1967; therefore, the time for the applicant
to file a request for correction of any error expired on 3 July 1970.  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.

5.  Evidence shows that the applicant’s records contain administrative
errors which do 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

JS_____  LS______  KL______  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 that he was awarded the Vietnam Service Medal with two
bronze service stars and the Republic of Vietnam Gallantry Cross with Palm
Unit Citation.




            ___John Slone_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050004845                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051018                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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