RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          22 December 2005
      DOCKET NUMBER:  AR20050005889


      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. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Robert L. Duecaster           |     |Member               |
|     |Ms. Jeanette B. McPherson         |     |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 that he was never awarded the Combat Infantryman
Badge.  He states that he served in Vietnam as an infantryman in
Headquarters and Headquarters Company, 2d Battalion, 503d Infantry, 173d
Airborne Brigade.

3.  The applicant provides copies of extracts from his DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error that
occurred on 31 May 1984.  The application submitted in this case is dated
14 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 records show he enlisted in the Regular Army on 31
October 1960 and completed training in Military Occupational Specialty
(MOS) 111.07 (Rifleman).  He later trained in MOS 941.17 (Cook) and served
in that MOS until 2 March 1964 when he returned to the infantry and served
in a series of assignments in MOS 11F40 (Reconnaissance Squad Leader and
Operations Intelligence Sergeant).  The applicant remained on active duty
until 31 May 1984, when he was honorably separated in pay grade E-7 and
placed on the retired list the following day.

4.  The applicant was recalled to active duty in support of Operation
Desert Shield on 10 December 1990 and reverted to retired status on 31
August 1991.

5.  The applicant’s separation documents show he is entitled to the
following awards and decorations: the Army Commendation Medal with First
Oak Leaf Custer; the Good Conduct Medal (Fifth Award); the National Defense
Service Medal (Second Award); the Vietnam Service Medal; the
Noncommissioned Officer Professional Development Ribbon with Numeral 3; the
Army Service Ribbon; the Republic of Vietnam Campaign Medal with Device
(1960); the Republic of Vietnam Gallantry Cross Unit Citation with Palm;
the Expert Marksmanship Badge with Rifle Bar; the Sharpshooter Marksmanship
Badge with Rifle Bar; the Parachutist Badge; the U.S. Army Basic Recruiter
Badge with Three Gold Achievement Stars; the U.S. Army Gold Recruiter Badge
with one Sapphire Achievement Star; the French Armed Forces Commando Badge;
and three Overseas Service Bars.

6.  Item 38 (Record of Assignments) of the applicant’s DA Form 20 shows he
was enroute to Vietnam on 1 August 1966 and assigned to Headquarters and
Headquarters Company, 2d Battalion, 503d Infantry as a Reconnaissance Squad
Leader (MOS 11F40) on 3 September 1966.  This item further shows the
applicant was assigned to Headquarters and Headquarters Company,
2d Battalion, 503d Infantry “with duty at USAG (6006-05) Yakima Firing
Center, Yakima, Washington” as Assistant Operations Intelligence Sergeant
(MOS 11F40) on 16 January 1967.

7.  Item 22c (Foreign and or Sea Service) of a DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) dated 14 March 1969
shows the applicant served in USARPAC (U.S. Army Pacific Command) a total
of 1 year, 10 months, and 14 days.

8.  Item 31 (Foreign Service) of the applicant’s DA Form 20 contains the
entry “USARPAC Vietnam” from 31 August 1966 to 1 December 1966.  This item
further indicates the applicant served 3 months in Vietnam.

9.  There are no orders, or other form of evidence, in the applicant’s
records that show he was awarded the Combat Infantryman Badge.  There are
no award citations, or evidence of a Purple Heart, that show the applicant
was engaged in active ground combat.

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman 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.

11.  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 2 May 1965 to 4 May 1967 by Department of the Army General
Orders Number 48, dated 1968.

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
that the applicant is entitled to wear one bronze service star for the
Vietnam Counteroffensive Phase II campaign.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record clearly shows the applicant served in an infantry
MOS while assigned to an infantry unit in Vietnam.  However, there is no
indication he served while the unit he was actively engaged in ground
combat.  In addition, while it is evident the applicant served in Vietnam,
the actual amount of time spent in country is in question.  Verifiable time
is in the 3 to 4 month timeframe.  In the absence of more corroborating
evidence that the applicant actively participated in ground combat, he is
not entitled to award of the Combat Infantryman Badge, or correction of his
records to show this combat badge.

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

3.  Evidence of record shows the applicant received the Vietnam Service
Medal and participated in one campaign.  As a result, he is entitled to
award of
one bronze service star, to be affixed to the Vietnam Service Medal, and
correction of his records to show this appurtenance.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 August 1991, the date of his latest
separation from active duty; therefore, the time for the applicant to file
a request for correction of any error or injustice expired on 30 August
1994.  However, 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. The evidence shows that the applicant’s record contains administrative
error that does not require action by the Board.  The necessary corrections
will be accomplished administratively by the Case Management Support
Division (CMSD), St. Louis, Missouri, as outlined in paragraph 3 of the
Determination/Recommendation section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___tsk___  ____jbm_  ___rld___  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of:

      a. the Meritorious Unit Commendation; and

      b. one bronze service star, to be affixed to the Vietnam Service
Medal.


            __________Ted S. Kanamine_________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050005889                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20051222                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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