RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 November 2005
      DOCKET NUMBER:  AR20050007342


      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. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Thomas E. O'Shaughnessy, Jr.  |     |Member               |
|     |Ms. Carol A. Kornhoff             |     |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 by showing that he
was awarded the Combat Infantryman Badge for his service in Vietnam.

2.  The applicant states he received the award of the Combat Infantryman
Badge, but it does not appear on his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), dated 30 March 1972.  He
furthers states the award is critical for award of certain veteran
benefits.

3.  The applicant provides a copy of his DD Form 214, dated 30 March 1972,
recorded as true and correct in the State of Texas, County of Randall, on
21 March 1991.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 March 1972, the date of his separation from active duty.
The application submitted in this case is dated 19 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 show the applicant enlisted in the Regular Army on 30 January
1970. He completed basic training and advanced individual training and was
awarded military occupational specialty 11B20 (Light Weapons Infantryman).

4.  Records show the highest rank the applicant attained while serving on
active duty was specialist/pay grade E-4.  His records also show he served
in the Republic of Vietnam as an automatic rifleman during the period 25
June 1970 through 31 May 1971 and was honorably separated from active duty
on 30 March 1972.

5.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does
not show he was awarded the Combat Infantryman Badge.
6.  Item 39 of the applicant's DD Form 20 (Enlisted Qualification Record)
shows the applicant served with three different companies as an automatic
rifleman, while in Vietnam.  The applicant initially served with Company A,
5th Battalion, 12th Infantry of the 199th Light Infantry Brigade from 13
July 1970 through 20 September 1970.  He subsequently served in Company C
and Company E, 1st Battalion, 8th Cavalry, from 21 September 1970 through
10 March 1971.  His last assignment in Vietnam was with D Troop, 1st
Squadron, 1st Cavalry, of the 23d Infantry Division from 18 March 1971 to
30 May 1971.

7.  Item 41 of the applicant's DD Form 20 (Enlisted Qualification Record)
does not show he was awarded the Combat Infantryman Badge.

8.  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 an infantry duty position 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 (formerly
known as 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.

9.  There are no orders in the applicant's service records which shows he
was awarded the Combat Infantryman Badge.

10.  Review of the applicant's record indicates entitlement to additional
awards that are not shown on his DD Form 214.

11.  Headquarters, 1st Cavalry Division General Orders Number 3240, dated
19 February 1971, awarded the applicant the Bronze Star Medal for
meritorious service.  The applicant's DD Form 214 shows only one award of
the Bronze Star Medal.

12.  Headquarters, 1st Cavalry Division General Orders Number 3513, dated
24 February 1971, awarded the applicant a second award of the Bronze Star
Medal for meritorious achievement during the period 8 December 1970 through
11 January 1971.

13.  Army Regulation 600-8-22 states, that the bronze oak leaf cluster is
awarded to denote the second and succeeding awards of certain decorations,
among which are the Purple Heart, the Bronze Star Medal, and the Army
Commendation Medal.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the unit awards received by units
serving in Vietnam.  This document shows that, at the time of the
applicant’s assignment to Company A, 5th Battalion, 12th Infantry of the
199th Light Infantry Brigade, the
unit was cited for award of the Valorous Unit Award for actions during the
period 1 May 1970 through 29 June 1970, based on Department of the Army
General Orders Number 43, dated 1972.

15.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation from 19 June 1968 through 31 July
1970, based on Headquarters Department of the Army General Orders Number
51, dated 1971.

16.  Department of the Army Pamphlet 672-3 also shows the unit, to which
the applicant was assigned, was cited for award of the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation for actions during the
period April 1968 through 31 August 1970, based on Department of the Army
General Orders Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to correction of his records
to show award of the Combat Infantryman Badge.

2.  The applicant’s records show that he was awarded an infantry MOS.  His
records also show he was assigned to several infantry duty units as an
automatic rifleman during his service in Vietnam.

3.  Evidence of record shows the applicant's duty assignments as an
automatic rifleman in ground operations against a hostile enemy force were
recognized with two Bronze Star Medals.

4.  The applicant also served in a unit recognized for award of the
Valorous Unit Award for action against an armed enemy of the United States,
while engaged in military operations involving conflict with an opposing
foreign force.

5.  The applicant's record also shows he was awarded an Air Medal for his
participation in over twenty-five helicopter combat assault missions in
Vietnam.

6.  His record also shows he received the Army Commendation Medal which
shows he distinguished himself by meritorious service; the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.

7.  The preponderance of evidence in this case shows the applicant met the
requirements for award of the Combat Infantryman Badge.  Therefore, the
applicant is entitled to correction of his DD Form 214 to show award of the
Combat Infantryman Badge.

8.  General Orders shows the applicant received a second award of the
Bronze Star Medal for the period 8 December 1970 through 11 January 1971
which is not shown on his DD Form 214.  Therefore, based on the above he is
entitled to correction of his records to show award of the Bronze Star
Medal (First Oak Leaf Cluster).

9.  General Orders show the applicant is entitled to award of the Valorous
Unit Award.  This award was omitted from his DD Form 214.  Therefore, the
applicant is entitled to correction of his records to show this unit award.

10.  General Orders awarded the applicant the Republic of Vietnam Gallantry
Cross with Palm Unit Citation which is not shown on his DD Form 214.
Therefore, he is entitled to have his records corrected to show this
foreign unit award.

11.  General Orders awarded the applicant the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation which is not shown on his DD
Form 214.  Therefore, he is entitled to have his records corrected to show
this foreign unit award.

12.  In this case, the applicant failed to file the application within the
3-year statute of limitations.  However, the applicant has satisfactorily
demonstrated through submission of relevant evidence that it would be in
the interest of justice to excuse the failure to timely file.

BOARD VOTE:

_CK____  _JA_____  _TO_____  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 by showing the applicant was awarded the
Combat Infantryman Badge; the Bronze Star Medal (First Oak Leaf Cluster);
the Valorous Unit Award; the Republic of Vietnam Gallantry Cross with Palm
Unit Citation; and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation; and by providing him a corrected separation document
that includes these awards.





                                James E. Anderholm__
                                      CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007342                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2005//01                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Granted                                 |
|REVIEW AUTHORITY        |DASA                                    |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]