RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 July 2006
      DOCKET NUMBER:  AR20050014624


      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. John Slone                    |     |Chairperson          |
|     |Ms. Carmen Duncan                 |     |Member               |
|     |Ms. Jeanette McCants              |     |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, the
Air Medal, and the Army Good Conduct Medal.

2.  The applicant states his service in Vietnam met the criteria for the
Combat Infantryman Badge and the Air Medal.  He states his total Army
service met the criteria for the Army Good Conduct Medal.  He also states
he never touched a mortar during his tour even though his military
occupational specialty (MOS) was 11C (Infantry Indirect Fire Crewman).  He
served his tour as an 11B in Company A, 2nd Battalion, 501st Infantry,
101st Airborne Division.  He states he performed over 25 air combat
assaults in the UH-1, two of which were under fire, and one extraction
under fire.  He further states he personally came under fire and was in
close proximity to booby trap explosions.  He was promoted to private E-2
after basic training; promoted to private first class after advanced
individual training; and was promoted to specialist four after four months
in Vietnam.  He states he was never disciplined during his one year and 8
months of service.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) and a personnel roster.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 13 December 1971.  The application submitted in this case is dated
19 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 was inducted into the Army of the United States on 14
April 1970.  He completed basic combat training and advanced individual
training (AIT).  At the completion of AIT, he was awarded MOS 11C.

4.  The applicant was assigned to Company A, 2nd Battalion (Airmobile),
501st Infantry in Vietnam on 2 September 1970 as a rifleman in duty MOS
11B.

5.  He was promoted to specialist four on 18 February 1971.

6.  Headquarters, 101st Airborne Division (Airmobile) General Orders
Number 8571 dated 17 August 1971 awarded the applicant the Air Medal for
meritorious achievement from 30 September 1970 to 25 July 1971.

7.  The applicant departed Vietnam on 3 September 1971 and was credited
with participation in two campaigns.

8.  The applicant was honorably released from active duty on 13 December
1971.  He completed 1 year and 8 months of active military service with no
days of lost time.  His DD Form 214 does not show the Combat Infantryman
Badge, the Air Medal, or the Army Good Conduct Medal as authorized awards.


9.  His DA Form 20 (Enlisted Qualification Record) shows he received
conduct and efficiency ratings of "excellent" throughout his service.
There is no record of disciplinary actions.

10.  Headquarters, Department of the Army General Orders Number 8, dated
1974, awarded all units which served in Vietnam the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

11.  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.

12.  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.

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.
DISCUSSION AND CONCLUSIONS:

1.  The applicant was awarded MOS 11C and served as a rifleman in an
infantry unit in active ground combat while assigned in Vietnam.
Therefore, he has met the requirements for award of the Combat Infantryman
Badge.

2.  General orders show the applicant was awarded the basic Air Medal for
meritorious achievement from 30 September 1970 to 25 July 1971.  Therefore,
his records should be corrected to show this award.

3.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 14 April
1970 through 13 December 1971.

4.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show
two bronze service stars for wear on his Vietnam Service Medal.

5.  All units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 8, dated 1974.  Therefore, this foreign unit award should be
added to his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 December 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 12 December 1974.  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:

JS______  CD______  JM______  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 him the Combat Infantryman Badge;


      b.  awarding him the Army Good Conduct Medal for the period 14 April
1970 through 13 December 1971;


      c.  adding the Combat Infantryman Badge, the Army Good Conduct Medal,
the Air Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation to his DD Form 214; and


      d.  authorizing two bronze service stars for wear on his Vietnam
Service Medal.




                            John Slone____________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014624                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060711                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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