RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      8 August 2006
      DOCKET NUMBER:  AR20050017731


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mrl Dale E. DeBruler              |     |Member               |
|     |Mr. James Hastie                  |     |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, through his Member of Congress (MOC), 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.

2.  The applicant states, in effect, that he served in Vietnam from 8
December 1965 to 29 January 1966.  His MOS (military occupational
specialty) was Light Weapons Infantryman.  He was a point man for 17 days
straight at one time.  He was on patrol the whole time he was in Vietnam.

3.  In support of his application, the applicant submitted a copy of his DD
Form 214; a copy of his DA Form 20, Enlisted Qualification Record; a copy
of his DA Form 24, Service Record; a copy of the unit history for the 1st
Battalion, 18th Infantry Regiment, for the period 12 July 1965 to 30 April
1966; and a copy of DA Form 1594, Daily Staff Journal or Duty Officer's
Log, for the 1st Battalion, 18th Infantry Regiment, for the month of
January 1966.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 31 January 1966, the date he was released from
active duty.  The application submitted in this case is dated 7 November
2005, but was received for processing on 14 December 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 military records are believed to have been lost or
destroyed in the National Personnel Records Center fire of 1973.
Information herein was obtained from the applicant's report of transfer or
discharge, his service record, his enlisted qualification record, and from
other official Army sources.
4.  The applicant’s available records show he was inducted into the Army of
the United States on 6 February 1964.  He completed his basic combat
training at Fort Jackson, South Carolina, and his advanced individual
training at Fort Hood, Texas.  On completion of his training, he was
awarded the MOS, 111, (Light Weapons Infantryman).  This MOS was later
converted to the MOS, 11B.

5.  The applicant departed Oakland Army Base, California, en route to
Vietnam on 10 November 1965.  He arrived in Vietnam on 30 November 1965 and
served there with the 1st Battalion, 18th Infantry Regiment, until 29
January 1966 when he was returned to the United States for his release from
active duty.

6.  The applicant was honorably released from active duty in the rank/pay
grade, Private First Class/E-3, on 31 January 1966, under the provisions of
Army Regulation (AR) 635-205, Early Release of Overseas Returnee.  On the
date of his release from active duty, he had completed 1 year, 11 months,
and 25 days active military service, with no days lost.

7.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Vietnam Service Medal; the Marksman and the
Expert Marksmanship Qualification Badge, with Rifle Bar [M-14 Rifle]; and
the First Class Gunner Marksmanship Qualification Badge, with Grenade Bar
[M-79 Grenade Launcher].  No other awards are shown among his authorized
awards.

8.  There is no entry in Section 9 (Medals, Decorations, and Citations), of
the applicant's DA Form 24, showing that he was awarded the Combat
Infantryman Badge.

9.  Item 33 (Record of Assignments), of the applicant's DA Form 20, shows
he held and performed primary duties related to the MOS, 11B, while he
served in Vietnam.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

11.  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 1st Battalion, 18th Infantry Regiment, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, for the
period 12 July 1965 through 16 October 1968, by Department of the Army
General Order (DAGO) Number 21, dated 1969; and the Republic of Vietnam
Civil Actions Honor Medal, First Class, Unit Citation, for the period 12
July 1965 through 7 April 1970, by DAGO Number 53, dated 1970.  The
applicant was assigned to this unit at the time the unit was cited for
these unit awards.  These unit awards are not shown on the applicant's DD
Form 214.

12.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Defense Campaign, which extended
from 8 March through 24 December 1965; and the Vietnam Counteroffensive,
which extended from 25 December 1965 through 30 June 1966.

13.  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.

14.  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.

15.  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.

DISCUSSION AND CONCLUSIONS:

1.  To be awarded the Combat Infantryman Badge, a Soldier was required to
hold an infantry MOS, be assigned or attached to an infantry unit of
brigade, regimental, or smaller size, and personally come under fire in
active ground combat while assigned to this unit.

2.  The applicant held the MOS 11B while he was in Vietnam and he was
assigned to an infantry unit of battalion size; however, there is no
evidence he personally came under fire in active ground combat while
assigned to this unit.

3.  The unit history for the 1st Battalion, 18th Infantry Regiment, for the
period 12 July 1965 to 30 April 1966, the applicant submitted in support of
his request, shows the unit received the Combat Infantry Streamer on 12
March 1966.  The streamer was awarded to signify that 65% of the members of
the unit had earned the coveted Combat Infantryman Badge.

4.  Review of the duty officer's log for the 1st Battalion, 18th Infantry
Regiment, shows the unit engaged the enemy and was very active in
counterinsurgency operations in their assigned area of operations
throughout the month of January; however, the applicant's name was not
specifically mentioned in any of the entries made in this log.

5.  While in Vietnam, the applicant's records show he did not receive any
award for heroism, achievement, or service, in operations against a hostile
enemy force. In the absence of evidence showing the applicant came under
fire in active ground combat while assigned to his unit in Vietnam, he is
ineligible for award of the Combat Infantryman Badge and to have it added
to his DD Form 214.

6.  The applicant served in two campaigns while he served in Vietnam.  He
is therefore entitled to award of two bronze service stars to be affixed to
his Vietnam Service Medal and to have these service stars added to his DD
Form 214.

7.  The applicant served in a unit, which was awarded 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.  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 31 January 1966; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 30 January 1969.  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

__A_____  ___D____  __JRH__  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.

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 by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars, and adding this award to his DD Form 214; and

      c.  awarding the applicant; the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and adding these unit awards to his DD
Form 214.




                                  _____James E. Anderholm____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050017731                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060808                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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