RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        1 August 2006
      DOCKET NUMBER:  AR20050017446


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Conrad V. Meyer               |     |Member               |
|     |Ms. Yolanda Maldonado             |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the award of
the Combat Infantryman Badge (CIB) and the Good Conduct Medal (GCM).

2.  The applicant states he was not awarded the CIB or the GCM, but he has
letters stating that he may be eligible to receive these awards.

3.  The applicant provides the following:

      a.  copy of a letter from the National Personnel Records Center
(NPRC), St. Louis, Missouri.

      b.  copy of a letter from a former service member from his unit.

      c.  copy of a letter from his commander in the Republic of Vietnam
(RVN).

      d.  copies of the CIB and the GCM regulations.

      e.  copy of the 4th Infantry Division Web page.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 21 November 1970.  The application submitted in this case
is dated 21 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 records show that he was inducted on 13 May 1969.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 13A10 (Field Artillery
Basic).  The applicant served in the Republic of Vietnam from on/about 27
November
1969 to on/about 17 November 1970.  He was assigned to Battery A,
2nd Battalion, 9th Artillery, 4th Infantry Division during the period 9
December 1969 to 26 March 1970, and Battery C, 6th Battalion, 29th
Artillery, 4th Infantry Division during the period 27 March 1970 to 17
November 1970.

4.  The applicant's DD Form 214 shows he departed Vietnam and returned to
Fort Lewis, Washington where he was honorably separated on 21 November
1970.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign
Ribbons Awarded or Authorized) of his DD Form 214 shows the Bronze Star
Medal, Purple Heart, Army Commendation Medal, National Defense Service
Medal, Vietnam Service Medal, Vietnam Campaign Medal, two Overseas Service
Bars, and the Marksman Marksmanship Badge with Rifle Bar (M-14).  It does
not show the applicant was awarded the CIB or the GCM.

5.  There are no orders in the available records which show the applicant
was awarded the CIB or the GCM.

6.  The applicant provided a letter from the commander of Company B, 1st
Battalion, 14th Infantry.  The letter describes the applicant as the unit's
artillery forward observer and recommends him for promotion.  The letter
does not recommend the applicant for award of the CIB.

7.  The applicant provided a letter from a former service member who states
that he and the applicant were both assigned to Battery C, 6th Battalion,
29th Artillery and attached to Company B, 1st Battalion, 14th Infantry as
forward observers.

8.  The applicant provided a letter from the NPRC stating that no records
have been found to show he was authorized the CIB or the GCM.

9.  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.

10.  The applicant's DA Form 20 (Enlisted Qualification Record) shows he
had a character and efficiency rating of "excellent" throughout his service
on active duty and had no convictions by courts-martial.

11.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation
672-5-1, notes that there is no automatic entitlement to the Army Good
Conduct Medal and disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.

12.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

13.  The applicant's records contain General Orders Number 5639,
Headquarters, 4th Infantry Division, dated 7 November 1970, awarding him
the Air Medal for meritorious achievement while participating in aerial
flight.

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 the unit to which the applicant
was assigned, Battery C, 6th Battalion, 29th Artillery, 4th Infantry
Division, was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 52, dated 1971.

15.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  The applicant's records indicate he
participated in the Vietnam Winter-Spring 1970, DA Sanctuary
Counteroffensive, and the Vietnam Counteroffensive Phase VII.

16.  Appendix B of Army Regulation 600-8-22 shows the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat
Infantryman Badge and the Good Conduct Medal.

2.  There are no orders that show the applicant was awarded the Combat
Infantryman Badge.  Although he was attached for forward observer duty to
an infantry company, he was not an infantryman and did not possess an
infantry MOS.  By regulation, he is not authorized award of the CIB.

3.  The evidence of record shows that the applicant had 1 year, 6 months,
and 9 days of creditable service at the time of discharge.  There is no
evidence of any convictions by courts-martial contained in the applicant’s
records.  Additionally, his DA Form 20 shows that he was rated “excellent”
in conduct and efficiency.  By regulation, he is entitled to correction of
his records to show award of the Good Conduct Medal.

4.  General Orders awarded the applicant the Air Medal.  Therefore, he is
entitled to correction of his records to show award of the Air Medal.

5.  General Orders also show the applicant's unit was awarded the Republic
of Vietnam Gallantry Cross with Palm Unit Citation which is not shown on
his separation document.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

6.  Records show that the applicant participated in three campaigns during
his service in Vietnam.  Therefore, he is entitled to award of three bronze
service stars to be affixed to his Vietnam Service Medal.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 November 1973.  Although the applicant did not file within the ABCMR's
statue of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__kan___  __cvm___  __ym____  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 award of the
Air Medal, the Good Conduct Medal for the period of service from 13 May
1969 through 21 November 1970, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and three bronze service stars for wear on his already-
awarded Vietnam Service Medal.

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
the award of the Combat Infantryman Badge.



                             Kathleen A. Newman
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017446                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060801                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0018                                |
|2.                      |107.0056                                |
|3.                      |107.0094                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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