RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 July 2006
      DOCKET NUMBER:  AR20050016314


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Allen L. Raub                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Peguine M. Taylor             |     |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 he be awarded the Combat
Infantryman Badge and that it be added to his DD Form 214, Report of
Separation from Active Duty.

2.  The applicant states, in effect, that he worked in an infantry MOS
(military occupation specialty), 11B (Light Weapons Infantryman), with the
25th Infantry Division Long Range Reconnaissance Patrol (LRRP) and
therefore feels his records should indicate a Combat Infantryman Badge.

3.  The applicant provides no additional documentary evidence in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an error or injustice that
occurred on 7 August 1975, the date he was discharged from the Army.  The
application submitted in this case is dated 26 October 2005 but was
received for processing on 4 November 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 limitation 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 military records were lost and are not available for
the Board's review; however, the available records show that he was
inducted into the Army of the United States on 5 April 1967.  After having
served in Vietnam, the applicant departed from his unit at Fort Ord,
California, in an absent without leave status on 17 September 1968.  The
applicant was returned to military control at Fort Lewis, Washington,
after he was arrested and confined by civilian authorities at Bluff, Utah,
on June 25, 1975.  He was discharged under honorable conditions, under
the provisions of Army Regulation (AR) 635-200, Chapter 10, in the rank
and pay grade, Specialist Four, E-4, on 7 August 1975.

4.  A review of the applicant's service personnel records failed to reveal
a DA Form 20, Enlisted Qualification Record, or a completed DA Form 2-1,
Personnel Qualification Record, Part II, to determine his eligibility for
award of the Combat Infantryman Badge; however, sufficient information is
available to arrive at a logical decision in this case.

5.  Item 16a. (Primary Specialty Number and Title), of the applicant's DD
Form 214, shows the applicant held and served in the MOS 11B, Light Weapons
Infantryman.

6.  The evidence shows the applicant served in Vietnam.  The exact date of
his arrival in, departure from, and the exact length of his service in
Vietnam are not known.  Available documentary evidence shows he served in
Vietnam from September 1967 through September 1968.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he was
awarded:  the National Defense Service Medal and the Bronze Star Medal.  No
other awards, to include the Combat Infantryman Badge are shown among his
authorized awards.

8.  On 28 November 1995, a DD Form 215, Correction to DD Form 214 was
prepared by the ABCMR's Branch, US Army Personnel Center, St. Louis,
Missouri. The applicant's DD Form 214 was amended to add the Vietnam
Service Medal, with one bronze service star.  No other awards were added
to the DD Form 214.

9.  The Office of the Adjutant General prepared a second DD Form 215 on
23 April 2004.  The applicant's DD Form 215 prepared on 28 November 1995
was cancelled and superseded by the second DD Form 215.  The applicant's
DD Form 214 was then amended to add the Vietnam Service Medal, with one
bronze service star; the Republic of Vietnam Campaign Medal, with '60
Device; and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  No other awards were added to the DD Form 214.

10.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force, for
the period September 1967 through September 1968, by General Orders 5514,
prepared by, Headquarters 25th Infantry Division, on 1 August 1968.  The
standard name line for the applicant shows he was assigned to Company F,
50th Infantry, 25th Infantry Division.  The Bronze Star Medal is already
shown on the applicant's DD Form 214; however, these orders show beyond a
reasonable doubt the approximate time of his service in Vietnam and the
unit to which the applicant was assigned at the time of his service.

11.  There are no orders in the applicant's service personnel records to
show that he was awarded the Combat Infantryman Badge.

12.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of bronze service stars
to which the applicant is entitled for his campaign participation.

13.  While in Vietnam, with his service on General Orders 5514 shown to be
from September 1967 through September 1968, it is reasonable to assumed
that the applicant participated in the following four campaigns:  the
Vietnam Counteroffensive, Phase III, which extended from 1 June 1967
through 29 January 1968; the Tet Counteroffensive, which extended from 30
January through 1 April 1968; the Vietnam Counteroffensive, Phase IV, which
extended from 2 April through 30 June 1968; and the Vietnam
Counteroffensive, Phase V, which extended from 1 July through 1 November
1968.

14.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers, warrant officers, and to enlisted
personnel with 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 has advised, in similar cases, that
during the Vietnam era the Combat Infantryman Badge was awarded only to
enlisted Soldiers who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant held an infantry MOS, 11B, while he
served in Vietnam.

2.  The evidence also shows the applicant was assigned to an infantry unit
of brigade, regimental or smaller size.

3.  While assigned to this unit and while he served in the rank and pay
grade, Specialist Four, E-4, he was awarded the Bronze Star Medal for
meritorious service in connection with military operations against a
hostile force.  As a member of the long range reconnaissance patrol, it is
extremely likely the applicant faced hostile fire and engaged the enemy in
the pursuit of his ordinary duties.  The applicant is therefore entitled to
award of the Combat Infantryman Badge and to have it added to his DD Form
214.

4.  The evidence shows the applicant participated in four campaigns during
his tour of duty in Vietnam, which extended from approximately September
1967 through September 1968.  He is therefore entitled to award of the
Vietnam Service Medal, with four bronze service stars, as opposed to the
Vietnam Service Medal, with one bronze service star, that was added to his
DD Form 214 by the Office of The Adjutant General on 23 April 2004.

BOARD VOTE:

__AR___  __LD____  __PMT__  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:

      a.  deleting the Vietnam Service Medal, with one bronze service star,
that was added to the applicant's DD Form 214 on 23 April 2004; and

      b.  awarding the applicant the Combat Infantryman Badge and the
Vietnam Service Medal, with four bronze service stars, and adding these
awards to the applicant's DD Form 214.




                            ______Allen L. Raub_______
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050016314                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060725                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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