RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        20 July 2006
      DOCKET NUMBER:  AR20050016202


      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. Karl L. Briales               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. William F. Crain              |     |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 DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the Combat
Infantryman Badge (CIB).

2.  The applicant states he served as an (11B10) Infantryman in the
Republic of Vietnam and is entitled to the CIB.

3.  The applicant did not provide any additional documentary evidence in
support of this application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 May 1971, the date he separated from active duty.  The
application submitted in this case is dated 24 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 on 22 May 1969.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The
applicant was assigned to Company A, 1st Battalion, 12th Infantry, 4th
Infantry Division while in the Republic of Vietnam during the period 28
October
1969 through 27 October 1970.  He was honorably separated from active duty
on 21 May 1971.

4.  There are no orders in the available records which show the applicant
was awarded the Combat Infantryman Badge.

5.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he was
an Infantryman (Rifleman) assigned to an Infantry unit while serving in
Vietnam.


6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

7.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

8.  Headquarters, 4th Infantry Division General Orders Number 4481, dated
31 August 1970, shows the applicant was awarded the Air Medal for
meritorious achievement while participating in aerial flight in Vietnam
during the period
17 November 1969 through 15 August 1970.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Air Medal is awarded in time of war for heroism and for
meritorious achievement or service while participating in aerial flight.
This award is primarily intended for personnel on flying status, but may
also be awarded to those personnel whose combat duties require them to fly,
for example personnel in the attack elements of units involved in air-land
assaults against an armed enemy.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

10.  Headquarters, 4th Infantry Division General Orders Number 4477, dated
31 August 1970, shows the applicant was awarded the Army Commendation Medal
for meritorious service in Vietnam during the period October
1969 through October 1970.

11.  Army Regulation 600-8-22 (Military Awards) provides that the Army
Commendation Medal may be awarded to any member of the Armed Forces of the
United States who, while serving in any capacity with the Army after
6 December 1941, distinguished himself or herself by heroism, meritorious
achievement or meritorious service.  As with all personal decorations,
formal recommendations, approval through the chain of command, and
announcement in orders are required.
12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant is entitled to award of
the Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 8, dated 1974.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to Company A, 1st Battalion, 12th Infantry, 4th
Infantry Division, it was cited for 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.

14.  The applicant's 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.  The applicant's records indicate he
participated in the Vietnam Summer-Fall 1969, Vietnam Winter-Spring 1970,
DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive Phase VII
campaigns.

15.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat
Infantryman Badge.

2.  The evidence of record clearly establishes that the applicant was an
infantryman assigned to an infantry unit engaged in actual ground combat
against the enemy and that his combat duties involved air-land assaults
against an armed enemy.  Accordingly, the evidence suggests that it would
be in the interest of justice to correct his records and award him the CIB
at this time.

3.  General Orders awarded the applicant the Air Medal and the Army
Commendation Medal.  Therefore, he is entitled to correction of his records
to show the award of the Air Medal and the Army Commendation Medal.

4.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show these two foreign unit awards.

5.  General Orders show the applicant was awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation which is not shown on
his separation document.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

6.  Records show that the applicant participated in four campaigns during
his service in Vietnam.  Therefore, he is entitled to award of four bronze
service stars to be affixed to his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 May 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
20 May 1974.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

__wdp___  __mjnt__  __wfc___  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 award of the Combat
Infantryman Badge,
Air Medal, Army Commendation Medal, Republic of Vietnam Gallantry Cross
with Palm Unit Citation, Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation and four bronze service stars to be affixed to
his Vietnam Service Medal.



                                        William D. Powers
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050016202                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060720                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0018                                |
|3.                      |107.0020                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |                                        |


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