RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050015485


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Robert J. Osborn, II          |     |Chairperson          |
|     |Mr. John M. Moeller               |     |Member               |
|     |Ms. Naomi Henderson               |     |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, correction to his records to show the award of
the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was not issued the CIB for his
assignment to Company C, 1st Battalion, 8th Cavalry, 1st Cavalry Division.

3.  The applicant provides:

      a.  a copy of his DD Form 214 (Armed Forces of the United States
Report of Transfer or Discharge); and

      b.  a copy of item 38 (Records of Assignments) from his DA Form  
20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 June 1968, the date of his release from active duty.  The
application submitted in this case is dated 17 October 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 records show that he was inducted in the Army of the
United States on 7 September 1966.  He successfully completed basic combat
training and advanced individual training and was awarded the military
occupational specialty 11B10 (Light Weapons Infantryman).

4.  His records show he was assigned to Company C, 1st Battalion, 8th
Cavalry, 1st Cavalry Division in the Republic of Vietnam during the period
23 February 1967 to 13 May 1967.



5.  His records also show he was assigned to the 545th Military Police
Company,
1st Cavalry Division (Airmobile) in the Republic of Vietnam during the
period  
14 May 1967 to 15 February 1968.

6.  On 13 June 1968, the applicant was honorably released from active duty.
 He had served 1 year, 9 months, and 7 days of active service.

7.  Item 24 of the DD Form 214 shows the award of the National Defense
Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal,
and two Overseas Service Bars; however, it does not show the award of the
CIB.

8.  There are no orders in the applicant's records awarding him the CIB.

9.  A review of the applicant's records show that he is entitled to
additional awards, which are not listed on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the Vietnam Counteroffensive Phase II and the Vietnam
Counteroffensive Phase III.  This same regulation states that a bronze
service star will be awarded for wear on the Vietnam Service Medal for
participation in each campaign.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during the Vietnam War.  This document shows the unit, to which the
applicant was assigned, the 545th Military Police Company, 1st Cavalry
Division (Airmobile), was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Order Number 43, dated 1970.

12.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the CIB is awarded to infantry officers and to enlisted and
warrant officer persons who have an infantry military occupational
specialty.  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 (formerly known as
the Total Army Personnel Command) has advised, in similar cases, 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.


13.  Army Regulation 600-8-22, paragraph 8-6b (c) states, in pertinent
part, that "battle participation credit is not sufficient; the unit must
have been in contact with the enemy."  This clearly indicates that an
exchange of hostile fire or equivalent personal exposure was the intent of
the Army Leadership for award of the CIB.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show the award of
the CIB.

2.  There are no general orders that show the applicant was awarded the
CIB.  The applicant's records do show he was assigned to an Infantry unit;
however, there is insufficient evidence in the available records and the
applicant did not provide substantiating evidence to show that he was
present under fire while engaged in ground combat with the enemy.  The fact
that he was assigned to an Infantry unit in the Republic of Vietnam does
not entitle the applicant to the award of the CIB.  Therefore, he is not
entitled to correction of his records to show the CIB.

3.  Orders show that the 545th Military Police Company was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while the
applicant was assigned to the unit.  Therefore, he is entitled to
correction of his records to show this foreign unit award.

4.  Evidence of records show he participated in two campaigns during his
service in the Republic of Vietnam.  Therefore, he is entitled to two
bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 June 1968, the date of his released
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 12 June 1971.  The
applicant did not file within the 3-year statute of limitations.  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.

6.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records 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

___jmm__  ___nh___  ___rjo___  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 concerned should be corrected.  Therefore, the Board requests
that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and two bronze service stars to be affixed to his Vietnam Service
Medal.




                                  _______Robert J. Osborn, II_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015485                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060713                                |
|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.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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