RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         20 July 2006
      DOCKET NUMBER:  AR20050017149


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. Marla D. 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, in effect, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that he held the infantry military
occupational specialty (MOS) 11B (Infantryman) while serving in combat with
the 7th Cavalry Regiment in the Republic of Vietnam (RVN) from late
December 1967 to March 1968, during which time he was wounded in action.

3.  The applicant provides the following documents in support of his
application:  Separation Document (DD Form 214); National Personnel Records
Center (NPRC) Letter, dated 19 September 2005; and RVN Unit Assignment
Orders.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 17 March 1972, the date of his separation from active
duty.  The application submitted in this case is dated 25 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's record shows that he served on active duty from
December 1958 through April 1962.  On 30 March 1963, he reenlisted in the
Regular Army and reentered active duty, and on 30 March 1966, he reenlisted
for six years and remained on active duty.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
Item 22 (Military Occupational Specialties), that the applicant held the
MOS
11B (Light Weapons Infantryman) from 8 April 1965 through 18 October 1968.
Item 38 (Record of Assignments) shows that he served with Company B, 1st
Battalion, 7th Cavalry Regiment, RVN as an infantry platoon sergeant from
17 January 1968 through 10 March 1968, at which time he was wounded in
action.  He was ultimately medically evacuated to Walter Reed General
Hospital, Washington DC, where he arrived on 8 April 1968.
5.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry that
confirms he was wounded in action in the RVN on 10 March 1968, when he
received a fragment wound to the right eye, right hand, and left leg.  Item
41 (Awards and Decorations) confirms he was awarded the PH in Headquarters,

1st Cavalry Division General Orders Number 1481, dated 13 March 1968, a
copy of these orders are on file in his Military Personnel Records Jacket
(MPRJ).

6.  On 17 March 1972, the applicant was honorably released from active duty
by reason of disability retirement.  The DD Form 214 he was issued shows he
completed a total of 12 years, 3 months, and 18 days of active military
service, and he held the rank of staff sergeant (SSG) at the time.  The
separation document also shows he earned the PH, Army Commendation Medal
(ARCOM), Vietnam Service Medal (VSM) with 3 bronze service stars, RVN
Campaign Medal with 1960 Device, and Army Good Conduct Medal (4th Award).

7.  A NPRC Letter, dated 19 September 2005, provided by the applicant
confirms the applicant's entitlement to the PH, AGCM 4th Award, NDSM, VSM
with
3 bronze service stars, RVN Campaign Medal with 1960 Device, Sharpshooter
Qualification Badge with Rifle Bar, and RVN Gallantry Cross with Palm Unit
Citation.

8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Chapter 8 of the awards regulation contains guidance on awarding
badges and tabs of United States Origin.  Paragraph 8-6 contains guidance
on award of the CIB.  It states, in pertinent part, that there are
basically three requirements for award of the CIB.  The Soldier must be an
infantryman satisfactorily performing infantry duties, must be assigned to
an infantry unit during such time as the unit is engaged in active ground
combat, and must actively participate in such ground combat.

9.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (1st Battalion, 7th Cavalry
Regiment) earned the RVN Gallantry Cross with Palm Unit Citation.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered and found to have merit.  His record confirms he served in a
qualifying infantry MOS in a qualifying infantry unit during his tour of
duty in the RVN.  Further, his personal participation in ground combat as
an infantryman with his qualifying infantry unit is evidenced by the fact
he was wounded in action on 1o march 1968, for which he received the PH.
As a result, the regulatory criteria has been satisfied and it would be
appropriate to award him the CIB, and to add this award to his record at
this time.

2.  The record also shows he is entitled to the RVN Gallantry Cross with
Palm Unit Citation and Sharpshooter Qualification Badge with Rifle Bar,
which were not included in the list of awards contained on his separation
document.  Thus, it would also be appropriate to add these awards to his
record and separation document at this time.

BOARD VOTE:

___WDP_  __MNT__  __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 awarding him the Combat Infantryman
Badge; by showing his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and Sharpshooter Qualification Bade with
Rifle Bar; and by providing him a correction to his separation document
that includes these awards.




                            _____William D. Powers____
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017149                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/07/20                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/03/17                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability Retirement                   |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  CIB  |107.111                                 |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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