RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 JANUARY 2006
      DOCKET NUMBER:  AR20050006126


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 that his records be corrected to reflect award
of the Combat Infantryman Badge.

2.  The applicant states he was personally awarded the Combat Infantryman
Badge in November 1967 by General William Westmoreland but it was never put
on his records.  He states he served two tours of duty in Vietnam with the
Special Forces and is seeking evidence for Department of Veterans Affairs
(VA) benefits associated with cancer and PTSD (Post Traumatic Stress
Disorder) which the VA is denying because they have no evidence the
conditions were the result of his service in Vietnam.

3.  The applicant provides a statement recounting his service in Vietnam
which was part of his appeal to the VA for disability benefits related to
PTSD.  He also submits extracts from his service personnel records,
including a copy of his separation document, his Department of the Army
Form 20 (Enlisted Qualification Record), and a copy of an order awarding
him the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 29 May 1969.  The application submitted in this case is
dated
11 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 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.  Records available to the Board indicate the applicant entered active
duty on 13 October 1966.  He was trained as a radio teletype operator
(specialty 05C) and initially assigned to the 501st Signal Battalion at
Fort Campbell, Kentucky following completion of airborne training.


4.  In May 1967 the applicant deployed to Vietnam as part of a unit move
with the 501st Signal Battalion.  He continued to perform duties as a radio
teletype operator with the 501st Signal Battalion until August 1968 when he
was reassigned to the 5th Special Force Group.  He was awarded an Army
Commendation Medal for meritorious achievement with the 501st Signal
Battalion.  The award was confirmed in orders issued by the 101st Airborne
Division in September 1968, but was omitted from the applicant's separation
document.

5.  The applicant's records indicate he performed duties as a radio
teletype operator while assigned to the 5th Special Forces Group.  He
remained with that organization until May 1969 when he returned to the
United States.  He was released from active duty on 29 March 1969, in pay
grade E-5, with an honorable characterization of service.  There is no
indication he was ever awarded the Combat Infantryman Badge.

6.  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.

7.  United States Army Vietnam Regulation Number 672-1 (Awards and
Decorations) specifically governed award of the Combat Infantryman Badge to
Army forces operating in South Vietnam.  This regulation specifically
stated that criteria for award of the Combat Infantryman Badge identified
the man who trained, lived, and fought as an infantryman and the Combat
Infantryman Badge is the unique award established to recognize the
infantryman and only the infantryman for his service.  Further, “the Combat
Infantryman Badge is not an award for being shot at or for undergoing the
hazards of day to day combat.”  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
operators (specialty 05B) provided their primary duty was to accompany
infantry or infantry-type units on tactical operations.

8.  Information from the Center for Military History notes that General
Westmoreland commanded troops in Vietnam between 1964 and 1968.  He assumed
the position as the Army's Chief of Staff on 3 July 1968 and continued in
that position until 30 June 1972.

9.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.

10.  The applicant’s conduct and efficiency ratings throughout his military
service were excellent, and he had no record of any disciplinary actions or
incidents of misconduct.

11.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant would have been
credited with participating in six designated campaigns (Vietnam
Counteroffensive Phases III, IV, V, VI, TET Counteroffensive, and TET 69
Counteroffensive) during his period of assignment in Vietnam.  One silver
service star (denoting five designated campaigns) and one bronze service
star on the Vietnam Service Medal, which is recorded on his separation
document, should reflect his participation in six designated campaigns.
The 501st Signal Battalion was awarded a Meritorious Unit Commendation, the
Republic of Vietnam Gallantry Cross Unit Citation with Palm and one
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
during his tenure with that organization.  The 5th Special Forces Group was
awarded those same three decorations while the applicant was assigned to
that organization.  The unit awards were also omitted from his separation
document.

DISCUSSION AND CONCLUSIONS:

1.  The evidence available to the Board indicates the applicant was a radio
teletype operator (specialty 05C) while in Vietnam.  Individuals who
possessed and performed primary duties as a radio operator, specialty 05B,
while accompanying infantry or infantry-type units on tactical operations
were authorized award of the Combat Infantryman Badge.  In the absence of
more compelling evidence that the applicant was in fact awarded the Combat
Infantryman Badge, there is no basis to correct his records to reflect that
badge.

2.  The evidence does, however, show the applicant was awarded an Army
Commendation Medal which was omitted from his separation document.  His
records should be corrected to reflect that decoration.

3.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 29 May 1969.  There is no evidence his commander
ever disqualified him from receiving the award and no evidence of any
misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 13 October 1966 through
29 May 1969.

4.  The evidence also shows the applicant is entitled to one silver service
star and one bronze service star on his Vietnam Service Medal, two awards
of the Meritorious Unit Commendation, two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and two awards of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  His records
should be corrected accordingly.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LS __  ___RB  __  __RN  __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  by showing that he was awarded an Army Commendation Medal;


      b.  by awarding him the Army Good Conduct Medal for the period
13 October 1966 through 29 May 1969; and

      c.  by showing that he is entitled to one silver service star and one
bronze service star on his Vietnam Service Medal, two awards of the
Meritorious Unit Commendation, two awards of the Republic of Vietnam
Gallantry Cross Unit Citation with Palm and two awards of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.


2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge.




                            _____ Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050006126                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060112                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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