RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 JULY 2006
      DOCKET NUMBER:  AR20050014850


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Pequine Taylor                |     |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 reflect award
of the Combat Infantryman Badge.

2.  The applicant states during Vietnam he volunteered and was sent to
Vietnam with the 101st Airborne Division.  He states for the first 9 and a
half months in Vietnam he fought as a combat infantryman and was awarded
the Combat Infantryman Badge in a military formation by his unit first
sergeant and unit commander.  He notes the badge was erroneously omitted,
due possibly to human error, from his separation document.  He maintains
that military orders were published.

3.  The applicant provides no evidence in support of his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 August 1977.  The application submitted in this case is
dated
28 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.  Records available to the Board indicate the applicant initially
enlisted and entered active duty on 1 June 1966.  He was trained as an 11C
(indirect fire crewman) and served in Vietnam with the 327th Infantry, part
of the 101st Airborne Division, between July 1967 and July 1968.  He was
awarded an Army Commendation Medal for meritorious achievement in
recognition of his service in Vietnam.

4.  The applicant completed his enlistment at Fort Bragg, North Carolina
and on 29 May 1969 was honorably discharged.  His 1969 separation document
did not reflect entitlement to the Combat Infantryman Badge, his Army
Commendation Medal, or other decorations, beyond his Vietnam Service Medal,
which would have been associated with his tour of duty in Vietnam.
5.  On 1 August 1969 the applicant reenlisted and returned to active duty.
He remained on active duty until 6 August 1977 when he was honorably
discharged.

6.  The separation document completed as part of his 1977 separation action
captured the awards and decorations associated with the applicant’s tour of
duty in Vietnam, including his Army Commendation Medal, the Republic of
Vietnam Campaign Medal, Republic of Vietnam Gallantry Cross Unit Citation
with Palm, and four bronze service stars denoting his Vietnam campaign
participation.  The document, which the applicant authenticated, did not
reflect entitlement to the Combat Infantryman Badge.  The applicant’s
available files do not contain any orders confirming award of the Combat
Infantryman Badge.

7.  There are basically three requirements for award of the Combat
Infantryman Badge.  The Soldier must be an infantryman, assigned to an
infantry unit during such time as the unit is engaged in active ground
combat, and must have actively participated in such ground combat.

DISCUSSION AND CONCLUSIONS:

1.  Unfortunately there is no evidence the applicant met qualification
requirements for award of the Combat Infantryman Badge.  In the absence of
more compelling evidence, there is no basis to grant the applicant’s
request.

2.  While the applicant may have held an infantry specialty and served in
that specialty with an infantry unit in Vietnam, regrettably, there is no
evidence he was actively engaged in ground combat at the time.  His award
of the Army Commendation Medal for meritorious achievement while in Vietnam
is not sufficiently compelling to confirm any active ground combat.

3.  Additionally, it is noted that while several decorations associated
with the applicant’s service in Vietnam were omitted from his 1969
separation document, those decorations were captured on his 1977 separation
document.  The addition of those decorations suggests that the applicant
was aware of his entitlements at the time of his 1977 separation and yet
did not question entitlement to the Combat Infantryman Badge, suggests that
the applicant was aware that he had not been awarded the badge.

4.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.


5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 August 1977; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
5 August 1980.  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

__AR ___  ___LD___  ___PT __  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.




                                  _______Allen Raub________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050014850                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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