RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20050016759


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 records be corrected to
show all of his authorized awards for his period of service in Vietnam.

2.  The applicant states that because he was medically evacuated from
Vietnam his records were not properly processed at the time of his
separation.  He discovered the omissions recently when applying for
Department of Veterans Affairs (VA) benefits.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:

1.  Counsel requests that the applicant's records be corrected to include
all of the awards to which he is entitled, specifically the Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with “1960” Device, and the
Combat Infantryman Badge.

2.  Counsel states, in effect, that the record shows the applicant meets
the eligibility requirements for receipt of the all of above noted awards.


3.  Counsel provides no additional supporting documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 June 1969, the date of his release from active duty.
The application submitted in this case is dated 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 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 5 June 1967,
completed training and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantry).

4.  The applicant's record contains two DA Forms 20 (Enlisted Qualification
Record).   The first, dated 18 August 1968, indicates he served in Vietnam
from 19 November 1967 through 18 November 1968 and lists his assignments,
in Vietnam, as:

      a.  a rifleman with Company A, 2nd Battalion, 503rd Infantry Regiment
from 24 November 1967 through 4 December 1967 (Headquarters, 4th Infantry
Division Special Orders Number 342, dated 8 December 1967, appears to
contradict this entry indicating he was transferred from the Replacement
Detachment to the 1st Battalion, 14th Infantry Regiment effective 10
December 1967);

      b.  a rifleman with Company B, 1st Battalion, 14th Infantry Regiment
from 10 December 1967 through 14 May 1968;

      c.  a rifleman with Company E, 58th Infantry Regiment from 15 May
1968 through 26 May 1968; and

      d.  a rifleman with Headquarters and Headquarters Company (HHC), 3rd
Brigade, [4th Infantry Division] USARPAC-V (United States Army Pacific -
Vietnam) from 27 May 1968 to an undetermined date.  There is an assignment
entry showing that while assigned to HHC, 3rd Brigade his principal duty
was changed from rifleman to senior scout observer on 31 August 1968.

5.  This form lists his awards as the National Defense Service Medal, the
Vietnam Service Medal, the Expert Marksmanship Qualification Badge with
Rifle Bar (for the M16 rifle), and the Marksman Marksmanship Qualification
Badge with Rifle Bar (for the M14 rifle) and Machine Gun Bar.  It also
lists participation during two campaign periods.

6.   The second DA Form 20 indicates he served in Vietnam from 19 November
1967 through 11 October 1968 but does not contain any listings of his duty
assignments in Vietnam.  The first entry in the assignment section is dated
12 January 1969 and shows the applicant as assigned in an excess status to
Company B, 2nd Battalion, 21st Infantry Regiment with a subsequent
assignment to Company D, 83rd Engineer Battalion, 138th Engineer Group,
Fort Riley, Kansas on 19 March 1969.

7.  This form lists his authorized awards as the National Defense Service
Medal and the Good Conduct Medal.

8.  United States Flight Training Center Special Orders Number 284, dated
6 December 1968, indicates the applicant was assigned to the 24th AG
Administrative Company, Fort Riley, Kansas from the Medical Holding
Battalion 2nd Military Support Hospital, Hunter Army Air Field, Fort
Stewart, Georgia as of 12 December 1968 with a command acquisition date of
4 January 1969.

9.  Headquarters, 83rd Engineer Battalion, 138th Engineer Group General
Orders Number 11, dated 14 May 1969, awarded the applicant the Good Conduct
Medal for the period 5 June 1967 through 4 June 1969.

10.  The applicant was honorably released from active duty on 6 June 1969.
His DD Form 214 lists his awards as the National Defense Service Medal and
the Good Conduct Medal.  It shows he had 10 months and 23 days of foreign
service in USARPAC but does not reflect the specific dates of service in
Vietnam.

11.  Army Regulation 600-8-22 (Military Awards) states that:

      a.  the Vietnam Service Medal is awarded to all members of the armed
forces who served in Vietnam or its contiguous waters or airspace during
the period 3 July 1965 through 28 March 1973.  Service on temporary duty
must have been for 30 consecutive days or 60 nonconsecutive days.  The
Vietnam Campaign Medal was awarded by the Republic of Vietnam to members of
the armed forces who served at least 6 months in Vietnam or who, because of
wounds or capture were prevented from serving the required 6 months.

      b.  a bronze service star is authorized, based on qualifying service,
for each designated campaign 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 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 participated during the following four
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; and the
Counteroffensive Phase V, 1 July 1968- 1 November 1968.



      c.  the Vietnam Campaign Medal was awarded by the Republic of Vietnam
to members of the armed forces who served at least 6 months in Vietnam or
who, because of wounds or capture were prevented from serving the required
6 months;

      d.  the Combat Infantryman Badge is awarded to infantry officers and
to enlisted and warrant officer personnel 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 was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H; and

12.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry military occupational specialty (MOS)
and required that they must have served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register), paragraph 6 states that not more than one
Vietnam Gallantry Cross with Palm Unit Citation will be worn by any
individual, thereby, precluding wear of the Vietnamese Fourragere that
represents multiple awards of the Vietnam Gallantry Cross.  The regulation
provides that, although multiple awards of this unit citation are not
authorized for wear, official military and historical records will indicate
all awards received.  However, the regulation also states that in the case
of duplicate awards covering the same period of time only one award will be
recorded in official military and historical records.



14.  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 units they were cited for awards as denoted below:

      a.  1st Battalion, 14th Infantry Regiment:  the applicant was
assigned from 10 December 1967 through 14 May 1968; the Republic of Vietnam
Gallantry Cross with Palm Unit Citation for the period January 1966 to 1
August 1969 by Department of the Army General Order Number 48, dated 1971;
and the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation for the period 1 August 1967 to 31 October 1971 by Department of
the Army General Order Number 53, dated 1970;

      b.  Company E, 58th Infantry Regiment:  the applicant was assigned
from 15 May 1968 through 26 May 1968; the Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period 20 December 1967 to 31 January
1969 by Department of the Army General Order Number 3, dated 1970; and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
the period 20 December 1967 to 31 January 1969 by Department of the Army
General Order Number 53, dated 1970; and

      c.  Headquarters and Headquarters Company (HHC), 3rd Brigade, 4th
Infantry Division, USARPAC-V (United States Army Pacific - Vietnam):  the
applicant was assigned from 27 May 1968 to an undetermined date after
31 August 1968; the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 1 August 1968 to 28 July 1969 by Department of the
Army General Order Number 3, dated 1970; and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation for the period 1 August 1967
to 31 October 1969 by Department of the Army General Order Number 53, dated
1970.

DISCUSSION AND CONCLUSIONS:

1.  While the complete or specific dates of his service in Vietnam are not
of record, the applicant's identifiable period of service covers four
campaign periods.  Therefore, he is authorized to wear four bronze service
stars on his Vietnam Service Medal.

2.  The applicant served honorably in Vietnam for at least 10 months.  As
such, he qualifies for award of the Republic of Vietnam Campaign Medal with
“1960” Device.

3.  The records show that, in addition to the awards listed on his DD Form
214, he is also authorized award of the Vietnam Service Medal with four
bronze service stars, the Republic of Vietnam Campaign Medal with “1960”
Device, the Expert Marksmanship Qualification Badge with Rifle Bar, the
Marksman Marksmanship Qualification Badge with Rifle and Machinegun Bars,
the Republic of Vietnam Civil Action Honor Medal First Class Unit Citation,
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  His
record should be corrected to reflect these additional awards.

4.  The record does show that the applicant served as a rifleman in
multiple infantry units of brigade, regimental or smaller size; however,
from the available records it cannot be determined whether or not the
applicant actually served in active ground combat.

5.  The applicant did not receive any personal awards that would indicate
he served in active ground combat.  Without substantiating evidence of
service in combat, award of the Combat Infantryman Badge is not warranted.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__JLP___  ___LDS_  ___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 showing that, in
addition to the awards listed on his DD Form 214, he is also authorized
award of the Vietnam Service Medal with four bronze service stars, the
Republic of Vietnam Campaign Medal with “1960” Device, the Expert
Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship
Qualification Badge with Rifle and Machinegun Bars, the Republic of Vietnam
Civil Action Honor Medal First Class Unit Citation, and the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.
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.





                            __    Linda D. Simmons__________
                                      CHAIRPERSON
                        INDEX

|CASE ID                 |AR20050016759                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|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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