RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050013568


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 to show he was
awarded the Combat Infantryman Badge.

2.  The applicant states that the Combat Infantryman Badge was not properly
recorded on his Army DD Form 214 (Report of Transfer or Discharge).  He
needs the correction to assist with a benefits claim with the Department of
Veterans Affairs (VA).

3.  The applicant provides copies of an internet print out about the Combat
Infantryman Badge; a portion of the Secretary of the Navy Instruction
(SECNAVINST) 1650.1G related to award of the Combat Action Ribbon; the
orders awarding him his two Purple Hearts, two DD Forms 214 issued by the
Army, and a DD Form 214 issued by the Navy.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 11 February 1972, the date of his separation from active duty
in the Army.  The application submitted in this case is dated 10 September
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 entered active duty in the Regular Army on 4 April 1968,
completed training, and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantry).

4.  3 June 1968 Headquarters, US (United States) Army Training Center,
Infantry Fort Dix Special Orders Number 155 awarded the applicant the
Marksman Badge with Rifle Bar.

5.  He reenlisted on 13 February 1969.  The DD Form 214 issued at that time
lists his awards as the National Defense Service Medal and the Parachutist
Badge.
6.  The applicant was assigned duties as a rifleman with Company C, 5th
Battalion, 7th Cavalry in Vietnam from 28 April 1969 through 10 September
1969.

7.  The applicant was wounded in action on 31 May 1969 and again on
10 September 1969 and was medically evacuated from Vietnam on 13 September
1969 for treatment of his wounds.  The record contains orders awarding him
the Purple Heart for wounds received in combat on both occasions.

8.  The applicant was honorably released from active duty on 11 February
1972 with 3 years, 10 months, and 8 days of creditable service.  His DD
Form 214 lists his awards as the Purple Heart with one oak leaf cluster,
the Good Conduct Medal, the National Defense Service Medal, the Vietnam
Service Medal, and the Parachutist Badge.

9.  The specific date the applicant enlisted in the Navy is not of record.


10.  On 14 October 1981 the Navy requested verification of the applicant's
eligibility for the Combat Infantryman Badge.  The response to this inquiry
is not of record.

11.  A 26 May 1988 DD Form 214 shows the applicant had reenlisted on
15 September 1987 and was permanently retired by reason of physical
disability.  He had 19 years, 3 months, and 26 days of creditable active
duty with 1 month and 3 days of inactive service.  His awards are listed as
the Purple Heart with one oak leaf cluster, the Army Good Conduct Medal,
the Navy Good Conduct Medal (3rd award), the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal,
the Sea Service Deployment Ribbon (2nd award), the Navy "E" Ribbon (2nd
award), the Navy and Marine Corps Overseas Service Ribbon (5th award), the
Combat Action Ribbon, the Parachutist Badge, the Sharpshooter Badge with
Rifle Bar, and the Marksman Badge with Pistol Bar.

12.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the Combat
Infantryman Badge That paragraph states that there are basically three
requirements for award of the Combat Infantryman Badge.  The Soldier must
be an infantryman satisfactorily performing infantry duties, he must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must be have an infantry or special forces specialty,
satisfactorily performed duty while assigned or attached as a member of an
infantry, ranger or special forces unit of brigade, regimental, or smaller
size during any period such unit was engaged in active ground combat.

13.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
governed the awards program in the Army theater of operations during the
Vietnam conflict.  The regulation provided that the Combat Infantryman
Badge was authorized for award to infantry personnel who were members of
infantry platoons and squads in armored cavalry squadrons and regiments.
Additionally, the company and battalion designations used for subordinate
units of the 7th Cavalry and the other "cavalry" regiments indicates that
they and their parent 1st Cavalry Division (Airmobile) were, in fact,
infantry organizations.

14.  SECNAVINST 1650.1G (Navy and Marine Corps Awards Manual) states that
the Combat Action Ribbon is awarded to Navy, Marine Corps, and Coast Guard
personnel who actively participated in ground or surface combat.  It also
states that upon submission of evidence to their commanding officer,
personnel who earned the Combat Infantryman Badge or the Combat Medical
Badge while of the U. S. Army may be authorized to wear the Combat Action
Ribbon.

15.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, for award of the Vietnam Campaign Medal.  This medal was awarded by
the Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal and were evacuated prior
to completing six months of service due to wounds resulting from hostile
action were entitled to award of the Republic of Vietnam Campaign Medal.

16.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following two campaign periods:  the Tet 69 Counteroffensive, 23
February 1969 – 8 June 1969; and the Vietnam Summer-Fall 1969, 9 June 1969
- 31 October 1969.

17.  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 while the applicant was
assigned to the
5th Battalion, 7th Cavalry Regiment it was cited for award of the Republic
of Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in an infantry MOS, performing infantry duties,
with the 7th Cavalry Regiment, which was considered an infantry unit during
Vietnam.  The award of his Purple Hearts supports a finding that he served
in combat.  Therefore, the record should be corrected to show the applicant
was authorized award of the Combat Infantryman Badge.

2.  In addition to the awards listed on the 11 February 1972 DD Form 214,
the applicant is authorized award of the Republic of Vietnam Campaign
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and to wear two bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

__  JTM__  _LDS___  __JLP___  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:

      a.  awarding the applicant the Combat Infantryman Badge; and


      b.  showing that in addition to the awards listed on the 11 February
1972 DD Form 214, the applicant is authorized award of the Republic of
Vietnam Campaign Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and to wear two bronze service stars on his Vietnam
Service Medal.




                            _     _Linda D. Simmons______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050013568                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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