RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:
      DOCKET NUMBER:  AR20050008572


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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, he is requesting that his official
record be updated to show he is entitled to the CIB.  He also states that
he realizes that his personnel records are unclear and incomplete in regard
to his award of the CIB; however, while serving in the Republic of Vietnam
(RVN), his last assignment was to the 1st Cavalry Division (a front line
combat unit) at their headquarters.  He states that while serving with the
191st Ordnance Battalion which operated a regional ammunition depot, he
participated in "birddog" patrols as a radio operator and also served
significant nightly guard-duty shifts at the ammo dump itself.  He further
states that during the 1968 TET Offensive, these activities became quite
dangerous when Vietcong infiltrators fired rockets almost nightly causing
casualties and disruption of their operation.

3.  The applicant provides a copy of his separation document (DD Form 214)
in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 4 August 1968.  The application submitted in this case is
dated
3 June 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 30 November 1966.  He was trained in and awarded military
occupational specialty (MOS) 05C (Radio Telephone Operator), and the
highest rank he attained while serving on active duty was specialist four
(SP4).
4.  The applicant’s Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 9 August 1967 through 8 August 1968.  During his RVN
tour, he was assigned to 33rd Ordnance Company from 16 August 1967 through
1 February 1968 and to Headquarters and Headquarters Company (HHC), 191st
Ordnance Battalion from 2 February through 4 August 1968.  In both units,
he performed duties in MOS 05C as a radio telephone operator.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 does not
include the CIB in the list of awards earned by the applicant during his
active duty tenure, and his Military Personnel Records Jacket (MPRJ) is
void of any orders awarding him the CIB.

6.  On 4 August 1968, the applicant was honorably separated.  The
separation document (DD Form 214) he was issued at the time confirms he
held and served in MOS 05C, and that he earned the following awards during
his tenure on active duty:  National Defense Service Medal, Vietnam
Campaign Medal, Vietnam Service Medal, 2 Overseas Bar, and Marksman
Qualification Badge with Rifle Bar.  The applicant authenticated this
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged) on the date of his separation.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on award of the Vietnam Service Medal.  It states, in pertinent
part, that a bronze service star is authorized with this award for each RVN
campaign a member is credited with participating in while serving in the
RVN.

8.  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.

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 (33rd Ordnance) received the
Meritorious Unit Commendation and RVN Gallantry Cross with Palm Unit
Citation.

10.  Army Pamphlet 672-3 further confirms that during the applicant’s RVN
assignment tenure, campaign credit was granted for the following four
campaigns:  Vietnam Counteroffensive Phase III; TET Counteroffensive;
Vietnam Counteroffensive Phase IV; and Vietnam Counteroffensive Phase V.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the CIB was carefully
considered.  However, by regulation, in order to qualify for the CIB, a
member must have held and served in an infantry MOS in a qualifying
infantry unit, and must have personally been present and participated with
that qualifying unit while it was engaged in combat with enemy forces.  The
MOS 05C was not considered a qualifying MOS during the Vietnam era.

2.  The evidence of record further shows the applicant held and served in
MOS 05C, performing duties as a radio telephone operator with non-infantry
units while serving in the RVN.  As a result, he did not serve in a
qualifying infantry MOS, or qualifying infantry unit.  As a result,
notwithstanding any personal participation in combat action with enemy
forces he may have had, absent any evidence indicating he held a qualifying
infantry MOS or that he served in a qualifying infantry unit, the
regulatory criteria necessary to support award of the CIB has not been
satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CIB now under consideration on 4 August
1968.  Therefore, the time for him to  file a request for correction of any
error or injustice expired on 3 August 1971.  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.

4.  The evidence of record does reveal that based on his RVN service and
campaign participation, he is entitled to the RVN Gallantry Cross with Palm
Unit Citation, Meritorious Unit Commendation, and 4 bronze service stars
with his Vietnam Service Medal.  The omission of these awards is an
administrative matter that does not require Board action.  Administrative
action to add the RVN service awards to his record 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

___SLP _  __CAD__  ___KSJ__  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 based on his service and campaign participation in
the RVN, he is entitled to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Meritorious
Unit Commendation, and 4 bronze service stars with his Vietnam Service
Medal; and by providing him a correction to his separation document that
includes these awards.




                                  ____Shirley L. Powell_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050008572                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/01/18                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/08/04                              |
|DISCHARGE AUTHORITY     |AR635-200 . . . . .                     |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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