RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           14 December 2005
      DOCKET NUMBER:  AR20050005521


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Mr. Leonard G. Hassell            |     |Member               |
|     |Mr. Michael J. Flynn              |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that while he was serving in the
Republic of Vietnam (RVN), he performed liaison duties with the Republic of
Korea (ROK) Whitehorse Infantry Division.  He claims his mission was to
ensure a bridge to any language barriers to air and fire support provided
by United States forces.  He states that even though he was not directly
assigned to Military Assistance Command-Vietnam (MACV), he did the mission.


3.  The applicant provides copies of his separation documents (DD Forms
214) and enlistment contracts in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 29 September 1991.  The application submitted in this case
is dated 18 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 record show he initially enlisted in the Regular Army
and entered active duty on 8 July 1963.  He was trained in, awarded and
served in military occupational specialty (MOS) 36G (Manual Central Office
Repairer).

4.  On 2 September 1965, he was honorably discharged for the purpose of
immediate reenlistment after completing 2 years, 1 month and 25 days of
active military service.  The DD Form 214 he was issued shows that during
this enlistment he earned the Expert Qualification Badge with Rifle Bar.
On
3 September 1965, he reenlisted for four years.

5.  The applicant’s record shows he served in the RVN from February 1968
through November 1969; however, it contains no specific assignment
information.  A DD Form 214 on file, which was issued to the applicant upon
his separation at Fort Lewis, Washington on 7 November 1969, shows his last
major assignment and major command was the 228th Signal Company, United
States Army Vietnam (USARV).

6.  The applicant’s 7 November 1969 DD Form 214 also shows he held and
served in MOS 36G, and that he earned the following awards during that
period of active duty service:  National Defense Service Medal (NDSM); RVN
Campaign Medal; Army Good Conduct Medal (AGCM) (2); Meritorious Unit
Commendation (MUC); Marksman Qualification Badge with Rifle Bar and 2
Overseas Bars.  The CIB was not included in the list of awards contained on
the separation document, and the applicant authenticated this document with
his signature on the date of his separation.

7.  On 29 September 1991, the applicant was honorably released from active
duty (REFRAD) for the purpose of retirement after completing a total of 22
years, 3 months and 8 days of active military service.  The DD Form 214
issued to him at this time shows he received the following awards during
his tenure on active duty:  NDSM (2); Army Service Ribbon; Army
Commendation Medal (3); AGCM (7); Vietnam Service Medal (7 campaigns);
Noncommissioned Officer Professional Development Ribbon with Numeral 3;
Meritorious Service Medal; RVN Campaign Medal; MUC; RVN Gallantry Cross
with Palm Unit Citation; Expert Qualification Badge with Rifle Bar; and
Overseas Service Ribbon (3).

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 military
occupational specialty (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.

9.  Paragraph 8-6e provides special guidance for award of the CIB for RVN
service.  Subparagraph (2) states, in pertinent part, that any officer,
warrant officer, or enlisted man whose branch is other than infantry, who
under appropriate orders was assigned to advise a unit listed in
subparagraphs (4) and (5).
10.  Subparagraph (4) states that subsequent to 1 March 1961, a Soldier
must have been assigned as advisor to an infantry unit, ranger unit,
infantry-type unit of the civil guard of regimental or smaller size, and/or
infantry-type unit of the self defense corps unit of regimental or smaller
size of the Vietnamese government during any period such unit was engaged
in actual ground combat; assigned as advisor of an irregular force
comparable to the above infantry units under similar conditions; or
personally present and under fire while serving in an assigned primary duty
as a member of a tactical advisory team while the unit participated in
ground combat.

11.  Subparagraph (5) states, in pertinent part, that that subsequent to 24
May 1965, to qualify for the CIB, personnel serving in U.S. units must meet
the requirements of c(1) above. Individuals who performed liaison duties
with the Royal Thai Army or the Army of the Republic of Korea combat units
in Vietnam are eligible for award of the badge provided they meet all other
requirements.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB based on his liaison
duties with a ROK White Horse Infantry Division and the supporting
documents he submitted were carefully considered.  However, there is
insufficient evidence to support this claim.

2.  The governing regulation did provide for awarding the CIB to non-
infantry Soldiers who performed liaison duties with ROK combat units in
Vietnam; however, the applicant’s record contains no indication that he
served in this capacity during his RVN tour.  The only record of any of his
RVN assignments is a DD Form 214 entry that shows he served with the 228th
Signal Company, USARV.  Absent any evidence confirming he performed liaison
duties with a ROK infantry combat unit, the regulatory burden of proof
necessary to support award of the CIB has not been satisfied in this case.


3.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 September 1991.  Therefore, the
time for him to file request for correction of any error or injustice
expired on 28 September 1994.  He failed to 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

___JNS__  __LGH__  ___MJF__  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.




            ____John N. Slone______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005521                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005/12/14                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1991/09/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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