RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          17 November 2005
      DOCKET NUMBER:  AR20050006009


      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. Lester Echols                 |     |Chairperson          |
|     |Mr. John Denning                  |     |Member               |
|     |Ms. Jeanette McCants              |     |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, correction of his military records
to show award of the Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge in
1967 by the 5th Special Forces Group in Vietnam and that he had the orders
for this badge too.  He contends that during out-processing his complete
201 file was lost and that he received an abbreviated DD Form 214 (Report
of Transfer or Discharge).  He claims he managed to have documentation for
everything except the Combat Infantryman Badge.

3.  The applicant provides a DD Form 214 for the period ending 16 December
1969 and a DD Form 214 (Report of Separation from Active Duty) for the
period ending 5 April 1976.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 April 1976.  The application submitted in this case is dated 5 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 enlisted on 8 February 1961, served as a clerk typist,
and was honorably discharged on 18 September 1961.  He enlisted on 29 April
1963 for a period of 3 years.  He served as a radio operator in Germany and
was released from active duty on 11 October 1966.  He reenlisted on 30
December 1966 in military occupational specialty 95B (radio operator) for a
period of 3 years.  He served as a radio operator assigned to Company D,
5th Special Forces Group, 1st Special Forces in Vietnam from 10 April 1967
through 15 June 1968.  On    16 December 1969, he was honorably discharged.


4.  The applicant’s DD Form 214 for the period ending 16 December 1969
shows the National Defense Service Medal, the Parachutist Badge, and the
Good Conduct Medal as authorized awards.


5.  There are no orders for the Combat Infantryman Badge in the available
records.

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

7.  The applicant enlisted on 9 March 1972, served as a radio operator, and
was honorably discharged on 5 April 1976.

8.   The applicant’s DD Form 214 for the period ending 5 April 1976 shows
the National Defense Service Medal, the Good Conduct Medal (2d award), the
Parachutist Badge, the Army Commendation Medal, three awards of the
Presidential Unit Citation, the Meritorious Unit Commendation, the Vietnam
Service Medal, the Vietnam Campaign Medal, two awards of the Overseas
Service Bar, the Vietnam Parachute Badge, the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Master Parachutist Badge, the
Belgium Parachute Badge, and the Scuba Diver Badge as authorized awards.


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

10.  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 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.

11.  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.  Although the evidence of record shows the applicant served in MOS 05B
as a radio telephone operator during his assignment in Vietnam, there is no
evidence of record which shows he accompanied infantry units into combat.
There are no orders for the Combat Infantryman Badge in the available
records.  There also is no evidence that he was ever awarded an infantry
MOS, served in an infantry MOS, or served in active ground combat while an
assigned member of an infantry company in Vietnam.  Therefore, there is no
basis for amending the applicant’s military records to show award of the
Combat Infantryman Badge.

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

3.  Records show the applicant should have discovered the alleged error now
under consideration on 5 April 1976; therefore, the time for the applicant
to file a request for correction of any error expired on 4 April 1979.  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.

4.   Evidence shows that the applicant’s records contain an administrative
error which does 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

LE______  JD_____  JM______  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 an 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 he was awarded the Vietnam Service Medal with four bronze
service stars on his DD Form 214 for the period ending 5 April 1976.




            __Lester Echols_______
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006009                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051117                                |
|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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