RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         15 November 2005
      DOCKET NUMBER:  AR20050006186


      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. Yvonne Foskey                 |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Stanley Kelley                |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Robert L. Duecaster           |     |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 he should have been issued the
CIB for his service in the Republic of Vietnam from October 1965 through
February 1966.

3.  The applicant provides no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 21 February 1966.  The application submitted in this case
is dated 28 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 shows he was inducted into the Army and entered
active duty on 26 February 1964.  He was trained in, awarded and served in
military occupational specialty (MOS) 11H (Infantry Direct Fire Crewman)
and the highest rank he attained while serving on active duty was private
first class (PFC).

4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 21 September 1965 through 18 February 1966.  During
his RVN tour, he was assigned to Company B, 1st Battalion, 16th Infantry
Division, performing duties in MOS 11H, as an Infantry Direct Fire Crewman.


5.  Section 9 (Medals, Decorations, and Citations) of the applicant’s DA
Form 24 (Service Record) shows he earned the following awards during his
active duty tenure:  Vietnam Service Medal (VSM), Army Good Conduct Medal,
and Sharpshooters Qualification Badge with Rifle Bar.


6.  On 21 February 1966, the applicant was honorably separated after
completing
1 year, 11 months and 26 days of active military service.  Item 26
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of his separation document (DD Form 214) shows he
earned the Army Good Conduct Medal, Vietnam Service Medal, Sharpshooter
Qualification Badge with Rifle Bar (M-16), and Expert Qualification Badge
with Rifle Bar (106mm) during his active duty tenure.  The applicant
authenticated this document with his signature in Item 34 (Signature of
Person Being Transferred or Discharged).

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Chapter 8 of the award regulations contains guidance on award of
combat badges.  It states, in pertinent part, that the CIB is awarded to
infantry officers and to enlisted and warrant officer personnel 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.  In
similar cases, the Awards Branch of the Human Resources Command (HRC) has
advised that during the Vietnam era the CIB was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  Paragraph 2-13 of the awards regulation contains guidance on the
Vietnam Service Medal.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  Table B-1 contains a list
of RVN campaigns.  It shows that during the applicant’s tenure of
assignment in the RVN, campaign credit was authorized for the Vietnam
Defense and Vietnam Counteroffensive campaigns.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (16th Infantry Division) earned
the RVN Gallantry Cross with Palm Unit Citation and the RVN Civil Actions
Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB and the supporting
evidence he submitted were carefully considered.  However, in order to
support award of the CIB, there must be evidence not only that the member
held an infantry MOS and served in a qualifying infantry unit, but also
that he was personally present with the unit at a time when it engaged in
active ground combat, and that he actively participated in such ground
combat.

2.  The evidence of record in this case, while showing the applicant held
an infantry MOS and served in a qualifying infantry unit, does not confirm
his active participation in ground combat with his unit.  The CIB is not
included in the list of awards contained on his DA Form 24, or in the list
of authorized awards entered on his DD Form 214, which he authenticated
with his signature on the date of his separation.  This signature, in
effect, was his verification that the information contained on the
separation document, to include the list of awards, was correct at the time
it was prepared and issued.

3.  Absent any evidence confirming the applicant’s active participation in
ground combat with his qualifying infantry unit, the regulatory burden of
proof necessary to support award of the CIB has not been satisfied in this
case.

4.  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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 February 1966.  Therefore, the time
for him to file a request for correction of any error or injustice expired
on 20 February 1969.  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.

6.  The evidence does show that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and 2 bronze service stars with his Vietnam Service Medal.
The omission of these awards from his record and separation document is an
administrative matter that does not require Board action.  Thus, the Case
Management Support Division (CMSD), St. Louis, Missouri will make the
corrections outlined in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___SK __  __JTM___  ___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 his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation and
2 bronze service stars with his Vietnam Service Medal; and by providing him
a correction to his separation document that includes these awards.




                                  ____Stanley Kelley________
                                            CHAIRPERSON


       INDEX

|CASE ID                 |AR20050006186                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2005-11-15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1966/02/21                              |
|DISCHARGE AUTHORITY     |AR635-205 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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