RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      15 August 2006
      DOCKET NUMBER:  AR20050017378


      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:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 this award be added to his DD Form 214, Armed
Forces of the United States, Report of Transfer or Discharge.  He also
requests that the Presidential Unit Citation awarded to his unit be added
to his DD Form 214.

2.  The applicant states, in effect, that the Combat Infantryman Badge was
not issued and is not listed on his DD Form 214.  He should be entitled to
this award. He served with the Special Operations Command and Control
North, 5th Special Forces Group in combat in Southeast Asia.  His branch
was infantry and he served 7 months and 2 days in Southeast Asia.  He was
combat wounded.

3.  The applicant further elaborated on his request for the requested
awards on the reverse side of his DD Form 149, Application for Correction
of Military Record.

4.  In support of his application, the applicant submitted a copy of his DD
Form 214; a copy of the description of the Combat Infantryman Badge and the
criteria for its award; a copy of an extract of General Orders Number 25,
Headquarters, Department of the Army, the award citation and awards
certificate, which awards the Presidential Unit Citation; and a copy of an
awards certificate and a copy of the citation for the award of the
Presidential Unit Citation to the Studies and Observation Group, US
Military Assistance Command, Vietnam (USMACV).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 1 October 1971, the date he was placed on the
temporary disability retired list.  The application submitted in this case
is dated 29 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 records show that he enlisted in the Regular Army on
8 January 1968.  He completed basic combat training at Fort Bliss, Texas,
and his advanced individual training at Fort Sam Houston, Texas.  After
completing all required training, he was awarded the military occupational
specialty (MOS), 91A (Medical Corpsman).

4.  The applicant volunteered for and successfully completed Basic Airborne
Training and was awarded the Parachutist Badge on 3 July 1968.

5.  The applicant was assigned to the US Army Special Forces Training
Group, Fort Bragg, North Carolina, and on 11 April 1969, he was awarded the
MOS 05B (Radio Operator).  On 1 August 1969, the MOS 05B was awarded as his
secondary MOS and he was awarded the MOS 05C (Radio Teletype Operator) as
his primary MOS.  The applicant's initial primary MOS, 91A, was withdrawn
altogether.

6.  The applicant served in Vietnam from 16 December 1969 through 17 July
1970.  On arrival there, he was assigned to Company E, 5th Special Forces
Group, 1st Special Forces.  On 2 May 1970, the applicant was reassigned to
the Special Operations Augmentation, Command and Control North, within the
same Special Forces group.  He served with this unit until he was wounded
in action and medically evacuated to the 249th General Hospital in Japan on
12 July 1970.

7.  The applicant was honorably released from active duty for the purpose
of transferring him to the temporary disability retired list on 1 October
1971, under the provisions of Title 10, United States Code, Section 1202.
 He was separated in the rank/pay grade, Sergeant/E-5.  On the date of
his separation, he had completed
3 years, 8 months, and 24 days of active military service, with no days
lost.  The record shows the applicant was held in service beyond his
normally established expiration of term of service for 267 days for the
convenience of the Government.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Bronze Star Medal, with "V" Device; the Purple
Heart; the Army Commendation Medal; the Good Conduct Medal; the National
Defense Service Medal; the Vietnam Service Medal, with two bronze service
stars; the Republic of Vietnam Campaign Medal; the Marksman Marksmanship
Qualification Badge, with Rifle Bar [M-14 Rifle]; and one overseas service
bar.  No other awards are shown among his authorized awards.
9.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing that he was
awarded the Combat Infantryman Badge.

10.  There are no orders in the applicant's military personnel records
awarding him the Combat Infantryman Badge.

11.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
he held and performed primary duties related to the MOS, 05C, while he
served in Vietnam.  He served in active ground combat while assigned to a
Special Forces unit.  His service in active ground combat is evidenced by
his having been awarded the Bronze Star Medal, with "V" Device, and the
Purple Heart.

12.  The citation in the orders for award of the Bronze Star Medal for
heroism states, in pertinent part, that the applicant "distinguished
himself by heroism on 4 July 1970 while serving as a radio operator [MOS
05B] of a long range reconnaissance patrol operating deep within enemy
territory."

13.  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.

14.  The applicant was awarded the Vietnamese Jump Wings (Honorary) by the
Government of the Republic of Vietnam.  Authorization to wear and to have
the award entered on his personnel records was given in a letter from
Headquarters, US Army Vietnam, Subject:  Authorization for Individual
Foreign Award, dated 25 December 1970.  This foreign award is not shown on
the applicant's DD Form 214.

15.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to:  the 5th Special Forces Group, 1st Special
Forces, was awarded the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation, for the period January 1968 through 24
September 1970, by Department of the Army General Order (DAGO) 48, dated
1971.  The applicant was assigned to this unit at the time the unit was
cited for this unit award.  This unit award is not shown on the applicant's
DD Form 214.
16.  The applicant's unit, the Special Operation Augmentation, Command and
Control North, 5th Special Forces Group, 1st Special Forces, was awarded
the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, for the period 30 April 1968 through 24 September 1970, by DAGO
48, dated 1971.  The period of this award is embedded in the period for
award of the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, shown in paragraph 15 above.

17.  The applicant's unit, the US Military Assistance Command, Vietnam, was
awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation,
for the period 20 July 1965 through 28 March 1973, awarded by DAGO 8, dated
1974.  The applicant was assigned to this unit at the time the unit was
cited for this award.  This award is not shown on the applicant's DD Form
214.

18.  The applicant's unit was awarded the Presidential Unit Citation, for
the period 24 January 1964 through 30 April 1972, by DAGO 25, dated 2001.
This award is not shown on his DD Form 214.

19.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Winter-Spring 1970, which
extended from 1 November 1969 through 30 April 1970; the Sanctuary
Counteroffensive, which extended from 1 May through 30 June 1970; and the
Vietnam Counteroffensive, Phase VII, which extended from 1 July 1970
through 30 June 1971.

20.  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.

21.  The applicant was awarded the Expert Marksmanship Qualification Badge
with Automatic Rifle Bar [M-16 Rifle] in Special Orders Number 135,
Paragraph 14, published by Headquarters, 10th Special Forces Group
(Airborne), 1st Special Forces, dated 19 June 1969.

22.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.

23.  Guidance for award of the Combat Infantryman Badge is at Appendix V,
U.S. Army Vietnam (USARV) Regulation 672-1.  The basic criterion for award
of the Combat Infantryman Badge was contained in AR 672-5-1 that was
in effect during the Vietnam War Era.  The USARV regulation spelled out
exceptions to paragraph 96, AR 672-5-1 that were made in Department of the
Army unclassified message 49117, dated 19 October 1967.  In this message
the USARV regulation expanded the pool of those Soldiers eligible for award
of the Combat Infantryman Badge and included those Soldiers holding the MOS
05B; however, meeting the additional specific criteria was a requirement
for its award.  The criterion for award of the Combat Infantryman Badge is
stated as follows in paragraph 3.b. (15) Radio/Telephone Operator (if the
primary duty is to accompany infantry or infantry-type units on tactical
operations)" on page 3 of appendix 3 to Annex A, USARV Regulation 672-1."

24.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

25.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records (emphasis added).  The emphasized provisions of DA
Pamphlet 672-3 apply to the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation, referred to in paragraphs 15 and 16 above.

26.  Army Regulation 600-8-22 (Military Awards) provides that foreign
decorations and badges may be authorized by authorized approval authorities
for
wear by U.S. military personnel.  Foreign qualification and special skill
badges may be accepted if awarded in recognition of the criteria as
established by the foreign government concerned.  Only those badges which
are awarded in recognition of military activities and by the military
department of the host country are authorized for acceptance and permanent
wear.  The regulation specifically prohibits honorary badges from being
authorized for wear or entry in official military records.

DISCUSSION AND CONCLUSIONS:

1.  During the Vietnam War, the awards regulation authorized award of the
Combat Infantryman Badge to Soldiers holding the MOS 05B; however, one of
the criterion for award of the Combat Infantryman Badge to these Soldiers
was that it must be shown by a preponderance of the evidence that his
primary duty was to accompany infantry or infantry-type units on tactical
operations.

2.  The evidence of record shows the applicant held the primary MOS 05C and
a secondary MOS 05B.  Item 38, of the applicant's DA Form 20, shows that
the applicant was regularly assigned duties in the MOS 05C.  Assignment to
duties in the MOS 05C did not require the applicant to accompany infantry
or infantry-type units on tactical operations.

3.  The evidence is clear, the applicant was awarded the Bronze Star Medal,
with "V" Device, and the Purple Heart, confirming that he served in active
ground combat against the enemy; but, for a Soldier holding the MOS 05B,
albeit in this case, his secondary MOS, to be awarded the Combat
Infantryman Badge, accompanying infantry or infantry-type units on tactical
operations had to be their primary duty.  It appears from the evidence that
the applicant accompanied Special Forces Soldiers on a reconnaissance
mission, a venture that proved to be unfortunate for him.

4.  Based on the above evidence, the applicant is not entitled to award of
the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The applicant was awarded the Vietnamese Jump Wings by the Government
of the Republic of Vietnam.  This award is not shown on the applicant's
DD Form 214. The evidence shows that Headquarters, USARV, gave
authorization for entry of this badge in the applicant's personnel
records at the time it was awarded.  Despite the prohibitions in AR 600-8-
22 for entering honorary badges in a Soldier's personnel records, the
applicant is entitled to have this badge entered on his DD Form 214.

6.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, as opposed to the Vietnam Service Medal, with two
bronze service stars, now shown on his DD Form 214, and to have this award
added to his DD Form 214.

7.  The applicant served in a unit, which was awarded the Presidential
Unit Citation; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation; while he was a member of the unit.  These unit
awards are not shown on his DD Form 214.  He is entitled to these unit
awards and to have them added to his DD Form 214.

8.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar.  This marksmanship qualification badge is not
shown on the applicant's DD Form 214.  He is entitled to have this
qualification badge added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__SLP___  _RML___  __JGH__  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.  deleting the Vietnam Service Medal, with two bronze service
stars, from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and adding this award to his DD Form 214;
c.  awarding the applicant the Presidential Unit Citation; the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation; and adding these
unit awards to his DD Form 214; and

      d.  adding the already-awarded Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar, to his DD Form 214.

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 to the applicant, and its addition to
his DD Form 214.

3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 1 October 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 September 1974.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
(evidence or argument), it would be in the interest of justice to excuse
failure to timely file in this case.




                            _____Shirley L. Powell____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017378                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT IN PART                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.   77                 |107.0031                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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