RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 July 2006
      DOCKET NUMBER:  AR20050016217


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 by awarding him
the Combat Infantryman Badge and correcting item 12 (Last Duty Assignment)
on his DD Form 214 (Report of Transfer or Discharge) to read the 25th
Division not the 24th Division.

2.  The applicant states that there is a typographical error in the listing
of his last command and that award of the Combat Infantryman Badge was
omitted from his DD Form 214,

3.  The applicant provides copies of a citation and certificate for award
of the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 26 June 1968, the date of his release from active duty.  The
application submitted in this case is dated 27 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 records show the applicant entered active duty on 15 September
1966, completed training, and was awarded the military occupational
specialty (MOS) 13E (Field Artillery Operations Control Assistant).

4.  He served in Vietnam with Headquarters and Headquarters Battery, 25th
Infantry Division Artillery from 5 June 1967 through 23 June 1968.

5.  On 24 May 1968 Headquarters, 25th Infantry Division Artillery General
Orders Number 3448 awarded the applicant the Army Commendation Medal for
meritorious service in Vietnam for the period June 1967 through June 1968.



6.  The applicant was honorably released from active duty, as a specialist
five
(E-5), on 26 June 1968.  His DD Form 214 lists his awards as the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal, and the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.  He had 1 year, 9 months, and 12 days of creditable service with
no time lost.

7.  Item 12 on the DD Form 214 lists his last duty assignment as
Headquarters and Headquarters Battery, 24th Infantry Division Artillery.

8.  The DA Form 20 (Enlisted Qualification Record) lists the applicant's
awards as the Army Commendation Medal, the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, and the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  It shows he
served during one campaign period and lists his conduct and efficiency
ratings as exclusively excellent.

9.  The applicant's record contains no documentation of derogatory or
disciplinary actions.

10.  Army Regulation 600-8-22 (Military Awards) provides that:

      a.  the Good Conduct Medal is awarded to individuals who distinguish
themselves by their conduct, efficiency and fidelity during a qualifying
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  A record of punishment is not
automatically disqualifying.  At that time, a single conduct or efficiency
rating of less than excellent was disqualifying.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  Current practice requires that the commander provide written
notice of unfavorable consideration and permits the individual to respond.
At that time, a non-favorable consideration was normally noted on the DA
Form 20;

      b.  the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer personnel who have an infantry MOS.  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 or special forces specialty,
satisfactorily performing duties while assigned or

attached as a member of an infantry, ranger or special forces unit of
brigade, regimental, or smaller size during any period such unit was
engaged in active ground combat.  The Awards Branch, Total Army Personnel
Command (currently known as the Human Resources Command-Alexandria) 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; and

      c.  a bronze service star, based on qualifying service, is authorized
for each designated campaign period listed in Appendix B of the regulation
and states that authorized bronze service stars will be worn on the
appropriate campaign or service medal.  The regulation also lists the
designated campaign periods for which a bronze service star is authorized
for wear on the Vietnam Service Medal.  Based on the applicant's dates of
service in Vietnam, Appendix B indicates he served during the following
three campaign periods:  the Counteroffensive Phase III, 1 June 1967 - 29
January 1968; the Tet Counteroffensive, 30 January 1968 - 1 April 1968; the
Counteroffensive Phase IV, 2 April 1968 – 30 June 1968.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows that while the applicant was
assigned to the Headquarters and Headquarters Battery, 25th Infantry
Division Artillery, it was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant has not provided nor does the record contain any
information or documentation to show that he was assigned an infantry MOS
or performed infantry duties while in Vietnam.  Therefore, there is
insufficient documentation to warrant award of the Combat Infantryman
Badge.

2.  All documentation of record shows the applicant served with the
Headquarters and Headquarters Battery, 25th Infantry Division Artillery for
his entire period of service in Vietnam.  Therefore, the entry at item 12
on the DD Form 214 is incorrect and should be corrected.

3.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his conduct and efficiency ratings, his personal
decorations, and his promotion to E-5.  The record contains no indication
of any disqualifying incidents or recommendations.  Therefore, it is
appropriate to award the applicant the Good Conduct Medal for his period of
service from 15 September 1966 through 26 June 1968.

4.  In addition to the awards listed on his DD Form 214, the applicant is
also shown to have been authorized the Army Commendation Medal, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation and
to wear three bronze service stars on his Vietnam Service Medal.
Therefore, it is appropriate to correct the record to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__EEM__  __JCR  _  __JTM___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  awarding the applicant the Good Conduct Medal for his period of
service from 15 September 1966 through 26 June 1968;

      b.  showing that in addition to the awards listed on his DD Form 214,
the applicant is also shown to have been authorized the Army Commendation
Medal, the Republic of Vietnam Gallantry Cross with Palm Unit Citation, the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation,
and to wear three bronze service stars on his Vietnam Service Medal;

      c.  deleting the current entry in item 12 of the DD Form 214; and

      d.  adding to item 12 of the DD Form 214 the entry “HHB 25TH INF DIV
ARTY APO SF 96225 USARV.”
2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge.




                            __      John T. Meixell___________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016217                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060727                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |Grant                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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