RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060005156


      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. W. W. Osborn, Jr.             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Mr. John M. Moeller               |     |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 his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
he was awarded the Combat Infantryman Badge.

2.  The applicant states that he was presented the Combat Infantryman Badge
shortly before he left Vietnam.

3.  The applicant provides a copy of his DD Form 214.

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

Counsel provided no request, statement, or evidence beyond that submitted
in the application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 August 1967, the date of his release from active duty.
 The application submitted in this case is dated 31 March 2006.

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 on 18 November 1965.  He completed training
as an armor crewman in Military Occupational Specialty (MOS) 11E at Fort
Hood, Texas where he was awarded the Marksman Marksmanship Qualification
Badge with Rifle Bar.

4.  The applicant’s DA Form 20 (Enlisted Qualification Record) is
essentially blank.  There are no item 38 (Record of Assignment) entries.
Copies of orders are the only available record of his assignments during
this period of active duty.

5.  He was transferred to I Troop, 3rd Squadron, 11th Armored Cavalry
Regiment (ACR) at Fort George Meade, Maryland where he earned the Expert
Marksmanship Qualification Badge with Mortar Bar and was advanced to pay
grade E-3.  According to one online history, the 11th ACR deployed to
Vietnam and arrived in August 1966.  Another indicates September 1966.

6.  The applicant was issued orders to report to D Troop, 3rd Squadron, 5th
Cavalry Regiment in Vietnam on 19 April 1967.  He apparently did so since
he was issued orders at that unit to return to the United States for
separation from active duty with a reporting date of 19 April 1967.  He was
issued separation orders at the U.S. Army Personnel Center, Oakland,
California.

7.  His DD Form 214 shows he was released from active duty on 21 August
1967 and transferred to the United States Army Reserve, Control Group
(Annual Training).  His authorized awards are shown as the National Defense
Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal,
and the Marksman Marksmanship Qualification Badge with Rifle Bar.

8.  Army Regulation 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, 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 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  The
regulation lists the designated campaign periods for which a bronze service
star is authorized for wear on the Vietnam Service Medal.  Based on the
applicant's dates of service in Vietnam, he served during the following two
campaign periods: Counteroffensive Phase II,
1 July 1966 – 31 May 1967; and the Counteroffensive Phase III, 1 June 1967
–
29 January 1968.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Register) indicates
that the 11th ACR was awarded the Republic of Vietnam (RVN) Gallantry Cross
with Palm Unit Citation for the period 7 September 1966 to 10 August 1968
and the 3rd Squadron, 11th ACR was awarded the Meritorious Unit
Commendation for the period 13 September-31 May 1967.  The 3rd Squadron,
5th Cavalry Regiment was awarded the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation for the period 19 December 1966
through 15 February 1968.

DISCUSSION AND CONCLUSIONS:

1.  According to the available records the applicant neither held a
qualifying infantry MOS nor was he assigned to an infantry unit.  Both were
requirements for award of the Combat Infantryman Badge.  While he may have
actually been presented the badge, that does not warrant the Board’s
recommendation of an exception to policy at this late date.  Award of the
Combat Infantryman Badge is not appropriate.

2.  He participated in two designated campaign periods and is authorized to
wear two bronze service stars on the Vietnam Service Medal.

3.  The applicant’s Vietnam units were authorized the Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.

4.  He was awarded the Expert Marksman Qualification Badge with Mortar Bar.

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 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 August 1967; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 August 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JMM___  _PMS___  __KAN___  DENY APPLICATION



BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show, that in addition to the awards currently
shown on his separation document, he is also authorized two bronze service
stars for wear on the already-awarded Vietnam Service Medal, Meritorious
Unit Commendation, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and the Expert Marksman Qualification Badge with Mortar Bar.





                                  __    Kathleen A. Newman_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005156                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061219                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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