RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 AUGUST 2006
      DOCKET NUMBER:  AR20050017720


      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. Rene’ R. Parker               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Paul Smith                    |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald 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 (CIB).  He
also requests award of all other medals and citations he is entitled.

2.  The applicant states that he was attached to the 2nd Battalion, 7th
Cavalry, while station in the Republic of Vietnam.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 6 September 1968.  The application submitted in this case
is dated  20 October 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 military records show he was inducted into the Army of
the United States on 8 September 1966.  After completion of basic and
advance individual training he was awarded military occupational specialty
(MOS) 11B (Light Weapons Infantryman).  He served in the Republic of
Vietnam from 22 February 1967 to 21 February 1968 and was assigned to
Company B, 2d Battalion, 7th Cavalry, 1st Cavalry Division.  The applicant
was honorably released from active duty on 6 September 1968.

4.  There is no evidence or any orders awarding the applicant the CIB.
There is also no evidence to show that while the applicant was assigned or
attached to the 1st Cavalry Division, he served in active ground combat.





5.  Army Regulation 600-8-22 (Military Awards) provides 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 or
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, 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.

6.  The applicant's DD Form 214 does not list award of the Air Medal.
Headquarters, 1st Cavalry Division (Airmobile), General Orders Number 7256
dated 5 December 1967, awarded the Air Medal to the applicant while
assigned to Company B, 2d Battalion, 7th Cavalry, from March 1967 to
November 1967.

7.  The applicant's DD Form 214 does not list award of the Presidential
Unit Citation or the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  The 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 that the 2d Battalion, 7th
Cavalry, 1st Cavalry Division, to which the applicant was assigned, was
cited for award of the Presidential Unit Citation by Department of the Army
General Order Number 2, dated 1973 and the Republic of Vietnam Gallantry
Cross Unit Citation with Palm by Department of the Army General Order
Number 59, dated 1969.

8.  Appendix B of Army Regulation 600-8-22 shows that 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.  The
applicant's DD Form 214 shows award of the Vietnam Service Medal.  His
records also indicate that he participated in the Vietnam Counteroffensive
Phase II, Vietnam Counteroffensive Phase III, and TET Counteroffensive
campaigns, but no bronze service stars are listed.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available records to show that the
applicant should be awarded the CIB.  There is no evidence that the
applicant served in an infantry unit of regimental size or smaller in
active ground combat, which is required by regulation for award of the CIB.
 In view of this fact, there is insufficient basis for award of the CIB.

2.  The Air Medal orders are sufficient evidence to correct the applicant’s
record. Additionally, evidence of record shows that while the applicant was
assigned to 2d Battalion, 7th Cavalry, 1st Cavalry Division, the unit was
awarded the Presidential Unit Citation and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, the applicant is
entitled to correction of his records to show these awards.

3.  Evidence also shows the applicant participated in three campaigns
during his service in Vietnam.  Therefore, he is entitled to correction of
his records to show award of three bronze service stars to be worn on his
Vietnam Service Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 6 September 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on     5 September 1971.  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:

________  ________  ________  GRANT FULL RELIEF

__PS ___  ___LD___  ___RG __  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 as follows:

      a.  by showing he was awarded the Air Medal;


      b.  by showing he is entitled to the Presidential Unit Citation and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation; and


      c.  by showing he is entitled to wear the Vietnam Service Medal with
three bronze service stars affixed.
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 CIB.




                            ______  Paul Smith__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050017720                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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