RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          15 November 2005
      DOCKET NUMBER:  AR20050006497


      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. Stanley Kelley                |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Robert 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 award of the Combat Infantryman Badge.  He also
requests, in effect, a second award of the Air Medal.

2.  The applicant states although he was assigned to the 319th Artillery in
Vietnam, he served with infantry companies of the 3rd Battalion, 503rd
Infantry of the 173rd Airborne Brigade as a forward observer directing
artillery fire on enemy targets.  He contends he participated in
approximately 50 air assaults for which he received one Air Medal and was
told he would receive another.  He also contends he took part in ambushes,
went on patrols, and fought side by side with other infantryman during
firefights.

3.  The applicant provides a certificate of training for the Forward
Observer Training Course; an award certificate and citation for the Air
Medal; and a copy of his DD Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 June 1970.  The application submitted in this case is dated 15 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 requested correction of his records to show a second
award of the Air Medal.  There are no orders or other evidence authorizing
this decoration to the applicant.  In the absence of a proper award
authority for this decoration, the applicant may request a second award of
the Air Medal under the provisions of Section 1130 of Title 10, United
States Code.  The applicant has been notified by separate correspondence of
the procedures for applying for this decoration under Section 1130 and, as
a result, they will not be discussed further in this Record of Proceedings.

4.  The applicant was inducted on 25 June 1968.  He was awarded military
occupational specialty (MOS) 13A (field artillery crewman) and served in
MOS 13A assigned to Battery C, 3rd Battalion, 319th Artillery of the 173rd
Airborne Brigade in Vietnam from 4 June 1969 through 3 June 1970.  On 3
June 1970, the applicant was released from active duty.

5.  The applicant’s DD Form 214 shows the Vietnam Service Medal, the
Vietnam Campaign Medal, the National Defense Service Medal, the Air Medal,
the Army Commendation Medal, the Parachutist Badge, two awards of the
Overseas Service Bar, the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar, and the Expert Marksmanship Qualification Badge with Rifle
Bar as authorized awards.

6.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

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

8.  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 applicant's unit is entitled
to award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 51, dated 1971.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit is
also entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Orders
Number 5, dated 1973.

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 U.S. Army Human Resources 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.  Evidence of record shows the applicant held and served in MOS 13A
during his assignment in Vietnam.  There is no evidence of record which
shows the applicant held an infantry MOS or served in active ground combat
while an assigned member of an infantry unit of brigade or smaller size in
Vietnam.  Therefore, there is insufficient evidence on which to base award
of the Combat Infantryman Badge in this case.

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.  The applicant's unit received the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation while he was assigned to it.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 3 June 1970; therefore, the time for the applicant
to file a request for correction of any error expired on 2 June 1973.  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.  Evidence shows that the applicant’s records contain administrative
errors which do 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

SK_____  JM_____  RD_____  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 that he was awarded the Vietnam Service Medal with four
bronze service stars, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



            ___Stanley Kelley_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050006497                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051115                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0018                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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