RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          1 December 2005
      DOCKET NUMBER:  AR20050005871


      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. Richard P. Nelson             |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Ms. Maribeth B. Love              |     |Member               |
|     |Mr. Richard G. Sayre              |     |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, in effect, that he was awarded the CIB for
service in Vietnam, and that he had orders for the badge but no longer has
a copy of the orders.

3.  Other than his application, the applicant does not provide any
documentation, or other form of evidence, in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 8 April 1971.  The application submitted in this case is dated
7 April 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’s military records show he was inducted on 9 April 1969
and completed training in Military Occupational Specialty (MOS) 11B10
(Light Weapons Infantryman).  He was assigned to Vietnam where he served as
a Radio/Telephone Operator (MOS 05B20) from 12 September 1969 to 30 August
1970 with Advisory Team 43, United States Army Advisory Group, III Corps
Tactical Zone, United States Military Assistance Command, Vietnam.  The
applicant then returned to Fort Carson, Colorado where he completed his
service obligation and was honorably separated from active duty in pay
grade E-4 on 8 April 1971.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) shows
he is entitled to the following decorations: the Vietnam Service Medal with
one bronze
service star; the National Defense Service Medal; the Army Commendation
Medal; and the Republic of Vietnam Campaign Medal with Device (1960).  No
other awards or decorations are listed.

5.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.
 That paragraph states there are basically three requirements for award of
the badge.  The Soldier must be an infantryman satisfactorily performing
infantry duties, he must be assigned to an infantry unit during such time
as the unit is engaged in active ground combat, and he must actively
participate in such ground combat.  Specific requirements state, in effect,
that an Army enlisted Soldier must have an infantry or special forces
specialty and satisfactorily perform duty while assigned or attached as a
member of an infantry, ranger or special forces unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry or special forces
primary duty, in a unit actively engaged in ground combat with the enemy.

6.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
provided, in pertinent part, for award of the CIB.  Appendix 3 to Annex A
of this regulation listed positions which qualified for award of the CIB.
The regulation authorized award of the CIB to radio operators serving in
MOS 05B, provided their primary duty was to accompany infantry or infantry-
type units on tactical operations.

7.  The applicant’s personnel records contain a citation for award of the
Army Commendation Medal.  Specific quotes from the citation are: “He was
responsible for transmitting many requests for urgent tactical support from
allied units in contact with the enemy”; “meticulous attention to detail
and calmness during critical situations”; and “During combat operations, he
continued to perform in an exemplary manner by assisting in the
coordination of artillery support fire, air strikes, and medical
evacuations.”

8.  There is no indication in the applicant’s personnel records that he was
awarded the Good Conduct Medal.  There also is no evidence the applicant
was disqualified by his unit commander for award of the Good Conduct Medal.
 Records show the applicant’s conduct and efficiency were rated as
“excellent” throughout his first period of qualifying service and there is
no indication of indiscipline in his service personnel records.

9.  Army Regulation 600-8-22 provides, in pertinent part, that the Army
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

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 the unit, to which the applicant
was assigned, was cited for award of the Meritorious Unit Commendation for
the period 15 April 1970 to 15 April 1972 by Department of the Army General
Orders Number 11, dated 1973.

11.  Department of the Army General Orders Number 8, dated 1974, awarded
all personnel assigned to the United States Army Vietnam from 8 February
1962 through 28 March 1973 the Republic of Vietnam Gallantry Cross Unit
Citation with Palm.

12.  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.  The appendix shows
the applicant is entitled to wear one bronze service star for each the
following Vietnam campaigns: Vietnam Summer-Fall 1969; Vietnam Winter-
Spring 1970; Sanctuary Counteroffensive; and Vietnam Counteroffensive Phase
VII.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served 1 year in MOS 05B20 in an advisory capacity to
units of the South Vietnamese Army.  The citation he received for award of
the Army Commendation Medal indicates that he accompanied infantry units
during periods the units were in actual ground combat with enemy forces.
It would be reasonable to presume that, during the course of 1 year in such
an assignment, the applicant was personally present and under hostile fire
on at least, and probably more than, one occasion.  As such, the applicant
is entitled to award of the CIB and correction of his records to show this
combat badge.

2.  Since the applicant was not disqualified for award of the Good Conduct
Medal, and his records show his conduct and efficiency were rated as
“excellent”
throughout his first period of qualifying service, the applicant is
entitled to the first award of the Good Conduct Medal based on completion
of a period of qualifying service from 9 April 1969 to 8 April 1971.
Therefore, he is entitled to correction of his records to show this award.

3.  General Orders show the applicant is entitled to the Meritorious Unit
Commendation.  Therefore, he is entitled to correction of his records to
show this unit award.

4.  General Orders show the applicant is entitled to the Republic of
Vietnam Gallantry Cross Unit Citation with Palm.  Therefore, he is entitled
to correction of his records to show this unit award.

5.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in four campaigns.  As a result, he is entitled to
award of three additional bronze service stars, to be affixed to the
Vietnam Service Medal, and correction of his records to show these
appurtenances.

BOARD VOTE:

___jtm___  ___mbl__  ___rgs__  GRANT 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 by showing award of:

      a. the CIB;


      b. the first award of the Good Conduct Medal, for the period 9 April
1969 to 8 April 1971;

      c. the Meritorious Unit Commendation;


      d. the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
and


      e. three additional bronze service stars, for a total of four, to be
affixed to the Vietnam Service Medal.





            _________John T. Meixell__________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005871                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005120                                 |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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