RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050007483


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Dale DeBraler                 |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 the Combat Infantryman Badge (CIB); the
Bronze Star Medal (BSM) with "V" Device; in effect, the Parachutist Badge;
and an unspecified campaign ribbon with a "battle star" (currently known as
a bronze service star) be added to his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).  He also requests to appear
before the Board.

2.  The applicant states he was involved in "Operation Abeline" with
Company C, 1st Battalion, 16th Infantry where he was awarded the battle
star, the CIB, and the BSM with "V" Device.  He recently discovered these
awards were not included on his DD Form 214.  He states that his records
from Vietnam should indicate he was on temporary duty (TDY) with Company C,
1st Battalion, 16th Infantry, 1st Division during "Operation Abeline" and
was subsequently awarded the CIB, the Bronze Star Medal with "V" Device and
battle star at Company C, 52nd Infantry headquarters in October 1966.

3.  The applicant provides a copy of his DA Form 20 (Enlisted Qualification
Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 3 January 1969.  The application submitted in this case is dated 19 May
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 requested correction of his records to show an award of
the BSM with "V" Device.  There are no orders or other evidence on file in
his record authorizing award of the BSM with "V" Device.  In the absence of
a proper award authority for this decoration, the applicant may request the
BSM with "V" Device 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, the BSM with "V" Device will not be
discussed further in this Record of Proceedings.

4.  The applicant enlisted in the Regular Army on 4 August 1959 for a
period of three years.  He completed basic combat training and advanced
individual training and was awarded military occupational specialty (MOS)
311.10 (Infantry Communications).  He served in Korea from 14 February 1960
through 11 March 1961.

5.  The applicant was discharged from active duty on 5 July 1962 for the
purpose of immediate reenlistment.

6.  The applicant reenlisted on 6 July 1962 for a period of six years.

7.  Headquarters, the Student Brigade, United States Army Infantry School
General Orders Number 19 dated 6 July 1962 awarded the applicant the first
award of the Good Conduct Medal for the period 4 August 1959 to 3 August
1962.

8.  The applicant served in Germany from 21 February 1963 through 7 May
1966.

9.  Headquarters, 716th Military Police Battalion General Orders Number 1
dated 3 January 1967 awarded the applicant the second award of the Good
Conduct Medal for the period 23 December 1963 to 22 December 1966.

10.  The applicant served with Company C, 52nd Infantry, 716th Military
Police Battalion in Vietnam from 14 November 1966 through 7 September 1967.
 He was assigned to Headquarters and Headquarters Detachment, 720th
Military Police Battalion from 8 September 1967 through 2 November 1967.
He was later reclassified into primary MOS 31G (Tactical Communications
Chief).

11.  Item 39 (Campaigns) on the applicant's DA Form 20 shows he received
credit for participation in the Vietnam Counter-Offensive, Phase II
campaign and the Vietnam Counter Offensive, Phase II campaign.

12.  There are no orders in the applicant's personnel records which show he
was awarded the Parachutist Badge.  There is no indication in his records
that he completed basic airborne training or completed a combat parachute
jump.

13.  The applicant was discharged from active duty on 3 January 1969.  His
DD Form 214 for the period ending 3 January 1969 shows the National Defense
Service Medal, the Republic of Vietnam Campaign Medal with Device (1960),
the Vietnam Service Medal with two bronze service stars, the Good Conduct
Medal (First Award), one Overseas Service Bar and the Expert Marksmanship
Qualification Badge with Rifle Bar.
14.  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 that, at the time of applicant's
assignment to the 716th Military Police Battalion, this unit was cited for
award of the Meritorious Unit Commendation for actions during the period
March to December 1966 by Department of the Army General Orders (DAGO)
Number 17, dated 1968.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 716th Military Police Battalion, this unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by DAGO Number 31 dated 1969.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 720th Military Police Battalion, this unit
was cited for award of the Meritorious Unit Commendation for actions during
the period 1 June 1967 to 8 February by DAGO Number 48, dated 1968.

17.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 720th Military Police Battalion, this unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation for actions during 29 September 1966 to 28 March 1973 by DAGO
Number 6 dated 1974.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the CIB 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 CIB was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

19.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets
forth requirements for award of the basic Parachutist Badge.  Award of the
basic Parachutist Badge requires that an individual must have
satisfactorily completed the prescribed proficiency tests while assigned or
attached to an airborne unit or the Airborne Department of the Infantry
School, or have participated in at least one combat parachute jump.

20.  Army Regulation 600-8-22 (Military Awards), 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.

21.  Army Regulation 15-185 governs operations of the Army Board for
Correction of Military Records (ABCMR).  Paragraph 2-11 of this regulation
states that applicants do not have a right to a hearing before the ABCMR.
The regulation provides that the Director of the ABCMR or the ABCMR may
grant a formal hearing before which the applicant, counsel and witnesses
may appear whenever justice requires.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 311.10 as an infantry radio mechanic; he
was later awarded MOS 31G and served with Company C, 52nd Infantry,
716th Military Police Battalion and the 720th Military Police Battalion as
a communications chief in Vietnam.  The applicant contends that he was
awarded the CIB while assigned to this unit; however, he did not meet the
requirements for award of the CIB.  Therefore, there is an insufficient
basis correcting his records to show the CIB.

2.  There is no evidence that the applicant completed the prescribed
proficiency tests while assigned or attached to an airborne unit or
completed a combat parachute jump.  Therefore, there is insufficient
evidence as a basis for award of the Parachutist Badge.

3.  General orders show the applicant was awarded a second award of the
Good Conduct Medal for the period from 23 December 1963 to 22 December
1966.  However, his DD Form 214 for the period ending 3 January 1969 only
reflects the first award of the Good Conduct Medal.  Therefore, it would be
appropriate to amend his DD Form 214 for the period ending 3 January 1969
to show the Good Conduct Medal (Second Award).

4.  The applicant was assigned to a unit during a period it was cited for
award of the Meritorious Unit Commendation on two occasions, the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
these awards should be administratively added to his DD Form 214.

5.  The applicant's DD Form 214 shows he was authorized to wear two bronze
service stars on his Vietnam Service Medal.  There is no evidence of record
which shows the applicant participated in any additional campaigns.
6.  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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 January 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 2 January 1972.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

KW______  DD______  QS______  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the DD Form 214 for the
period ending 3 January 1969 of the individual concerned to show the Good
Conduct Medal (Second Award), the Meritorious Unit Commendation (Second
Award), the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                                  _Kenneth Wright_______
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007483                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060110                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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