RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20050017521


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 award of the Combat Infantryman Badge.

2.  The applicant states that he was in combat for more than 90 days while
serving in the Republic of Vietnam and continues that award of the Combat
Infantryman Badge will support his claim to increase his service-connected
compensation.

3.  The applicant provides a copy of a National Personnel Records Center,
Military Personnel Records [St. Louis, Missouri] letter in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 June 1969, the date of his release from active duty.  The
application submitted in this case is dated 30 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 into the Army on 14 June 1967.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).  He
was assigned to Battery C, 2nd Battalion, 19th Artillery of the 1st Cavalry
Division and served in the Republic of Vietnam during the period 7 December
1967 through October 1968.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge) shows
he was awarded the National Defense Service Medal, the Republic of Vietnam
Campaign Medal with “1960” Device, the Overseas Service Bar, the
Sharpshooters Marksmanship Qualification Badge with rifle bar, and the
First Class Gunner (Machine Gun).

5.  The applicant's DD Form 214 and DA Form 20 (Enlisted Qualification
Record) do not show award of the Combat Infantryman Badge.  There are no
orders in the available records which show the applicant was awarded the
Combat Infantryman Badge.

6.  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 (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.

7.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

8.  Headquarters, Fort Riley [Fort Riley, Kansas] General Orders Number 95,
dated 13 June 1969, awarded the applicant the Good Conduct Medal for the
period 14 January 1967 through 13 June 1969.

9.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
was awarded the Vietnam Service Medal.

10.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaigns participated by units during
the Republic of Vietnam War.  This document shows that, during the
applicant’s assignment to Battery C, 2nd Battalion, 19th Artillery of the
1st Cavalry Division, they participated in the Republic of Vietnam
Counteroffensive Phase III, the TET Counteroffensive, the Republic of
Vietnam Counteroffensive Phase IV, and the Republic of Vietnam
Counteroffensive Phase V campaigns.



12.  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.

13.  Department of the Army Pamphlet 672-3 lists the unit awards received
by units serving in the Republic of Vietnam War.  This document shows that,
at the time of the applicant’s assignment to Battery C, 2nd Battalion, 19th
Artillery of the 1st Cavalry Division, it was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation by Headquarters
Department of the Army General Orders Number 59, dated 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.  The applicant further contends that award of the Combat
Infantryman Badge will support his claim for increased service-connected
benefits.

2.  The ABCMR does not grant requests for award of the Combat Infantryman
Badge solely for the purpose of making the applicant eligible for benefits.

3.  Evidence shows the applicant served in an infantry military
occupational specialty; however, there is no evidence that shows he served
in an infantry unit of regimental size or smaller in ground combat which is
required by regulation for award of the Combat Infantryman Badge.  Absent
such evidence, there is insufficient basis for award of the Combat
Infantryman Badge in this case.

4.  Orders showed the applicant was awarded the Good Conduct Medal (1st
Award) which is not shown on his DD Form 214.  Therefore, he is entitled to
correction of his DD Form 214 to show award of the Good Conduct Medal (1st
Award).

5.  Evidence shows the applicant served a qualifying period of service for
award of the Vietnam Service Medal.  Therefore, he is entitled to
correction of his records to show this award.

6.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.


7.  During the applicant's assignment with Battery C, 2nd Battalion, 19th
Artillery of the 1st Cavalry Division, the unit was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore, he
is entitled to correction of his DD Form 214 to show this award.

8.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 13 June 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 12 June 1971.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_RDG___  _PMS  ___  _LMD___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned for award of the
Combat Infantryman Badge.
3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Good Conduct Medal (1st Award), the Vietnam
Service Medal with four bronze service stars, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




                                    ___Paul M. Smith_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017521                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with ADMIN                         |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1. 157   |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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