RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050016082


      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:

|     |Ms, Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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, in effect, that his DD Form 214 (Armed Forces
of the United States Report of Transfer or Discharge) be corrected to show
award of the Combat Infantryman Badge.

2.  The applicant states that his Combat Infantryman Badge is missing from
his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a Certificate of
Award for the Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 June 1970, the date of his release from active duty.
The application submitted in this case is dated 30 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 into the Army of the
United States and entered active duty on 8 November 1968.  He completed
basic combat training and advanced individual training, and was awarded
military occupational specialty 11B10 (Infantryman).

4.  He served with Company A, 3rd Battalion, 12th Infantry Regiment, 4th
Infantry Division, in the Republic of Vietnam, as a rifleman, grenadier and
squad leader during the period 2 May 1969 to 6 June 1970.  The applicant
was honorably released from active duty on 10 June 1970 after serving 1
year, 7 months, and  
5 days of active service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 shows the applicant was awarded the National Defense Service Medal,
Republic of Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with 60 Device, Army Commendation Medal, Republic of Vietnam Gallantry
Cross with Unit Palm Citation, and 2 Overseas Service Bars.  However, it
does not show he was awarded the Combat Infantryman Badge.

6.  There are no orders in the applicant's records to show the Combat
Infantryman Badge.  However, the Certificate of Award of the Combat
Infantryman badge, dated 19 January 1970 shows that the applicant was
awarded the Combat Infantryman Badge.

7.  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 (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 (formerly known as the
Total Army Personnel Command) has advised, in similar cases that during the
Vietnam era the Combat Infantryman Badge were awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  The applicant's record indicates entitlement to additional awards and
decorations not shown on his DD Form 214.

9.  Headquarters, 4th Infantry Division General Orders Number 2806, dated  
9 May 1970 awarded the applicant the Air Medal.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, 3rd Battalion, 12th Infantry Regiment was cited
for an award of the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation based on Department of the Army General Orders Number
53, dated 1970.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) in pertinent
part, shows that based on the applicant's dates of service in the Republic
of Vietnam, he participated in the following campaigns: Tet 69
Counteroffensive (23 February 1969 to 8 June 1969), Republic of Vietnam
Counteroffensive Summer-Fall  
(9 June 1969 to 31 October 1969), Republic of Vietnam Winter-Spring 
(1 November 1969 to 30 April 1970), and DA Sanctuary Counteroffensive (1
May 1970 to 30 June 1970).  This same regulation states that a bronze
service star will be awarded for wear on the Republic of Vietnam Service
Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that the award of the Combat Infantryman Badge
is missing from his DD Form 214.

2.  The evidence shows the applicant was assigned as a rifleman while
assigned to an infantry unit of brigade, regimental, or smaller size.  The
Certificate of Award for the Combat Infantryman Badge shows that the
applicant was awarded the Combat Infantryman Badge on 19 January 1970 and
the certificate was signed by the unit commander for participation in armed
ground conflict while assigned to the "Famous Fighting Fourth Infantry
Division" in the Central Highlands of the Republic of Vietnam.  Therefore,
the Board determined the applicant is entitled to the Combat Infantryman
Badge.

3.  Orders show that the applicant was awarded the Air Medal.  Therefore,
he is entitled to correction of his records to show this award.

4.  Orders show that 3rd Battalion, 12th Infantry Regiment was awarded the
Republic of Vietnam Civil Actions Honor Medal, First Class 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.

5. The applicant was assigned to a unit during four campaigns; therefore,
he is entitled to four bronze service stars to be affixed to his Republic
of Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
9 June 1973.  The applicant did not file within the ABCMR’s statute of
limitations. However, due to his compelling evidence shows that it would be
in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___cvm__  ____ym_  ___kan__  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 showing the Combat Infantryman Badge,
the Air Medal, the Republic of Vietnam Civil Actions Honor Medal, First
Class Unit Citation, and four bronze service stars to be affixed to his
Republic of Vietnam Service Medal.




                            _________Kathleen A. Newman_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016082                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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