RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 July 2006
      DOCKET NUMBER:  AR20050017137


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Dennis Phillips               |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states he served with Company B, 327th Infantry in
Vietnam from 19 July 1969 until he was transferred to Company B, 158th
Aviation Battalion on 21 February 1970.

3.  The applicant provides a copy of pages 3 and 4 of his DA Form 20
(Enlisted Qualification Record); and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
9 September 1970.  The application submitted in this case is dated 10
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 applicant was inducted on 31 January 1969.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman).  He arrived
in Vietnam on 2 July 1969.  He served in MOS 11B assigned to Headquarters
and Headquarters Company, 2nd Battalion, 327th Infantry in Vietnam from 19
July 1969 through 5 August 1969.  He served in MOS 11B assigned to Company
B, 2nd Battalion, 327th Infantry in Vietnam from 6 August 1969 through 20
February 1970.  He was assigned to Company B, 158th Aviation Battalion of
the 101st Airborne Division in Vietnam on 21 February 1970.  He was awarded
MOS 67A (door gunner) effective 19 April 1970 and served in this MOS while
assigned to Company B, 158th Aviation Battalion of the 101st Airborne
Division in Vietnam until 9 September 1970.  On 9 September 1970, the
applicant was released from active duty in the rank of specialist four
after completing 1 year, 7 months, and
9 days of creditable service with no time lost.



4.  The applicant's DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, two awards of the Overseas Service
Bar, the Bronze Star Medal, the Aircraft Crewman Badge, the “1CG M-60,” the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Marksman Marksmanship Qualification Badge with Rifle Bar (M-14 and M-16) as
authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

6.  Orders show the applicant received the Bronze Star Medal for
meritorious service in connection with ground operations against a hostile
force in Vietnam during the period 1 October 1969 to 31 July 1970.

7.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
1304, dated 13 February 1971, show the applicant received the Air Medal.

8.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

9.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

10.  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 the applicant's unit (158th
Aviation Battalion) was cited for award of the Valorous Unit Award for
actions during the period
22-23 July 1970 by Department of the Army General Orders Number 50, dated
1971.

11.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (2nd Battalion, 327th Infantry) is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 48, dated 1971.

12.  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 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 individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

13.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

14.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served
in an infantry MOS while assigned to an infantry company in Vietnam from 6
August 1969 through 20 February 1970.  He also received the Bronze Star
Medal for meritorious service in connection with ground operations against
a hostile force in Vietnam during the period 1 October 1969 to 31 July
1970.  Therefore, there is sufficient evidence on which to base award of
the Combat Infantryman Badge in this case.

2.  Orders show the applicant received the Air Medal.

3.  The applicant was separated in the temporary rank of specialist four
with over 19 months of creditable active service with no time lost.
Therefore, it appears the applicant met the eligibility criteria for the
first award of the Good Conduct Medal for the period 31 January 1969
through 9 September 1970 based on completion of a period of qualifying
service ending with the termination of a period of Federal military
service.

4.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

5.  The applicant’s unit (158th Aviation Battalion) was cited for the
Valorous Unit Award while he was assigned to it.

6.  The applicant's unit (2nd Battalion, 327th Infantry) received the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

7.  Records show the applicant should have discovered the alleged error now
under consideration on 9 September 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 8
September 1973.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

EA_____  __MF___  __DP____  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.  awarding him the Combat Infantryman Badge;

      b.  awarding him the first award of the Good Conduct Medal for the
period 31 January 1969 through 9 September 1970; and

      c.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Combat Infantryman Badge, the Air Medal, the


Vietnam Service Medal with four bronze service stars, the Valorous Unit
Award, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.



                            __Eric Andersen__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017137                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060706                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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