RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 July 2006
      DOCKET NUMBER:  AR20050015578


      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.

2.  The applicant states, in effect, that while he was issued a Combat
Infantryman Badge, neither his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge), nor his company records show this
award.  He adds that he believes that the reason this award isn't shown is
because he was at odds with his captain in the Republic of Vietnam.

3.  The applicant states that the only way to verify that he received the
Combat Infantryman Badge is to research headquarters records; at
headquarters you will find a roster of the men that were issued the Combat
Infantryman Badge.

4.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 December 1971, the date of his discharge from active duty.
The application submitted in this case is dated 18 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 18 March 1971.  He successfully completed basic combat
training and advanced individual training and was awarded the military
occupational specialty (MOS) 11B10 (light weapons infantryman).

4.  His records show he was assigned to Headquarters and Headquarters
Company, 1st Battalion (Airmobile), 7th Cavalry, 3rd Brigade (Separate),  
1st Cavalry Division (Airmobile) in the Republic of Vietnam on 31 August
1971.

5.  His records also show he was assigned to Company D, 1st Battalion
(Airmobile), 7th Cavalry, 3rd Brigade (Separate), 1st Cavalry Division in
the Republic of Vietnam during the period 1 September 1971 to 28 December
1971.

6.  DA Form 2627-1 (Record of Proceedings Under Article 15, Uniform Code of
Military Justice), dated 30 September 1971, show that the applicant was
derelict in his duties by sleeping on guard duty.

7.  On 30 December 1971, the applicant was discharged under honorable
conditions from active duty.  He had served 8 months and 13 days of active
service.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 shows the award
of National Defense Service Medal and Vietnam Service Medal; however, it
does not show the award of the Combat Infantryman Badge.

9.  There are no orders in the applicant's records awarding him the Combat
Infantryman Badge.

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

11.  His records show that he was awarded the Vietnam Service Medal.
However, his DD Form 214 does not show any bronze service stars indicating
campaign credit.

12.  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 VII (1 July 1970 - 30
June 1971); Consolidation I (1 July 1971 - 30 November 1971); and
Consolidation II  
(1 December 1971 - 29 June 1972).  This same regulation states that a
bronze service star will be awarded for wear on the Vietnam Service Medal
for participation in each campaign.

13.  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 Company D, 1st Battalion (Airmobile), 7th Cavalry,
3rd Brigade (Separate), 1st Cavalry Division, was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Order Number 8, dated 1974.
14.  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 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 Combat Infantryman Badge was
awarded only to enlisted individuals who held and served in MOS 11B, 11C,
11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show he is was
awarded the Combat Infantryman Badge.

2.  There are no general orders that show the applicant was awarded the
Combat Infantryman Badge.  The applicant's records do show he was assigned
to an Infantry unit; however, there is no evidence in the available records
to show he was present under fire while engaged in ground combat with the
enemy. Therefore, he is not entitled to correction of his records to show
the Combat Infantryman Badge.

3.  Orders show that Company D, 1st Battalion (Airmobile), 7th Cavalry,  
3rd Brigade (Separate), 1st Cavalry Division, 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 three campaigns during his
service in the Republic of Vietnam.  Therefore, he is entitled to three
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 30 December 1971, the date of his
discharge from active duty; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 29 December
1974.  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

________  ________  ________  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 three bronze service stars to be affixed to his
Vietnam Service Medal.




                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050015578                           |
|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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