RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:           8 December 2005
      DOCKET NUMBER:  AR20050007537


      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. Richard Dunbar                |     |Chairperson          |
|     |Mr. James Gunlicks                |     |Member               |
|     |Mr. Scott Faught                  |     |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.

2.  The applicant states he served in military occupational specialty (MOS)
11D (armor intelligence specialist) in combat in Vietnam for three months
and 28 days.

3.  The applicant provides 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 19 January 1966.  The application submitted in this case is
dated 11 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 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 was inducted on 21 January 1964.  He successfully
completed basic combat training and advanced individual training in MOS
111.00 (light weapons infantryman).  On 30 September 1964, he was awarded
primary MOS 133.10 (armor intelligence specialist) (later converted to MOS
11D).

4.  On 7 March 1965, nonjudicial punishment was imposed against the
applicant for failing to obey a lawful order.  His punishment consisted of
a forfeiture of pay, restriction, and extra duty.

5.  The applicant served in MOS 11D assigned to Headquarters and
Headquarters Company, 1st Battalion, 16th Infantry in Vietnam from
21 September 1965 through 14 January 1966.  On 19 January 1966, the
applicant was released from active duty in the temporary rank of specialist
four after completing 1 year, 11 months, and 29 days of creditable active
service with no time lost.

6.  The applicant’s DD Form 214 shows the Vietnam Service Medal and the
Expert Marksmanship Qualification Badge with Rifle Bar as authorized
awards.
7.  There are no orders for the Combat Infantryman Badge in the applicant's
service personnel records.

8.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

9.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  He received
conduct and efficiency ratings of “excellent” throughout his service.

10.  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 21, dated 1969.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit is 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 53, dated 1970.

12.  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.

13.  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.

14.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
National Defense Service Medal is awarded for honorable active service for
any period between 27 July 1950 through 27 July 1954, 1 January 1961
through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

DISCUSSION AND CONCLUSIONS:

1.  Since the Awards Branch of the U.S. Army Human Resources Command has
advised 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, and the applicant held MOS 11D, there is insufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

2.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

3.  The applicant was separated in the temporary rank of specialist four
with almost two years of creditable active service with no time lost.
Although he received nonjudicial punishment, it was for a minor offense.
Therefore, it appears the applicant met the eligibility criteria for the
first award of the Good Conduct Medal for the period 21 January 1964
through 19 January 1966 based on completion of a period of qualifying
service ending with the termination of a period of Federal military
service.

4.  The applicant served a period of qualifying service for award of the
National Defense Service Medal.

5.  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.

6.  Records show the applicant should have discovered the alleged error now
under consideration on 19 January 1966; therefore, the time for the
applicant to file a request for correction of any error expired on 18
January 1969.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

RD_____  __JG___  __SF_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
determined during their review 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 only by amending his
DD Form 214 to show that he was awarded the Vietnam Service Medal with two
bronze service stars, the National Defense Service Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

2.  The Board further determined that award of the Good Conduct Medal would
not be appropriate given that the applicant received nonjudicial punishment
during the period under consideration.

3.  The Board also determined that the evidence presented is insufficient
to warrant 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.



            ___Richard Dunbar_____
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20050007537                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051208                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0056                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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