RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20050018201


      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. John J. Wendland, Jr.         |     |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, in effect, award of the Bronze Star Medal,
Combat Infantryman Badge, Republic of Vietnam Gallantry Cross, and any
other awards or decorations not listed on his discharge document that he is
entitled to for his service in the U.S. Army.

2.  The applicant states, in effect, that he never received the awards and
they are not listed on his discharge document.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of
22 May 1969, and page 3 of his DA Form 20 (Enlisted Qualification Record),
Item 38 (Record of Assignments).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 May 1969, the date of his separation from active duty.  The
two applications submitted in this case are dated 12 December 2005 and 21
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 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.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

4.  The applicant requests award of the Bronze Star Medal.  However, there
are no orders or other evidence on file in his Official Military Personnel
File (OMPF) that confirm his entitlement to award of the Bronze Star Medal.
 In the absence of authority for this award, the applicant may request
award of the Bronze Star Medal under the provisions of 10 USC 1130.  The
applicant has been notified by separate correspondence of the procedures
for applying for this award under
10 USC 1130.  As a result, the Bronze Star Medal will not be discussed
further in this Record of Proceedings.

5.  The applicant's military service records show that he was inducted into
the U.S. Army on 23 May 1967.  Upon completion of basic combat training and
advanced individual training, the applicant was awarded military
occupational specialty (MOS) 64A (Light Vehicle Driver).

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 22
(Military Occupational Specialties) shows that he was awarded primary MOS
64A1O (Light Vehicle Driver) in September 1967.  Item 31 (Foreign Service)
of the applicant's DA Form 20 shows that he served in the Republic of
Vietnam from
19 October 1967 through 14 October 1968.

7.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows, in
pertinent part, that he was assigned to the 163rd Transportation Company in
Vietnam in duty MOS 64A10 (Light Vehicle Driver) from 4 November 1967 to
19 December 1967.  He was subsequently assigned to Company B, 23rd Supply
and Transport Battalion, in duty MOS 64A1O (Light Vehicle Driver) from
20 December 1967 to 7 June 1968, and then to Company E, 4th Battalion,
21st Infantry, 11th Infantry Brigade, in duty MOS 11C1O (Assistant Gunner)
from 8 June 1968 to 11 October 1968.

8.  Item 39 (Campaigns) of the applicant's DA Form 20 shows that he
participated in the Vietnam Counteroffensive Phase III and TET
Counteroffensive campaigns.  Item 41 (Awards and Decorations) shows that he
was awarded the National Defense Service Medal, Republic of Vietnam
Campaign Medal with "1960" device, Vietnam Service Medal, Sharpshooter
Marksmanship Qualification Badge with (M-14) Rifle Bar, and 1 Overseas
Service Bar.

9.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the National
Defense Service Medal, Republic of Vietnam Campaign Medal, and Vietnam
Service Medal.  He was honorably separated from the U.S. Army on 22 May
1969 after serving on active duty for a total of 2 years.
10.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Combat Infantryman Badge.

11.  In support of his application, the applicant provides a copy of page 3
of his
DA Form 20 (Enlisted Qualification Record), Item 38 (Record of
Assignments), and his DD Form 214.  The applicant's record of assignments
shows, in pertinent part, that he served for approximately 4 months in duty
MOS 11C1O, with principal duty as an Assistant Gunner, while assigned to
Company E,
4th Battalion, 21st Infantry, 11 Infantry Brigade in Vietnam.  The DD Form
214 shows, in pertinent part, that the applicant held MOS 64A1O (Light
Vehicle Driver) as his primary MOS during his service in the Army.

12.  A review of the applicant's records reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Good Conduct Medal.
 His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the Vietnam Counteroffensive Phase III, TET Counteroffensive, Vietnam
Counteroffensive Phase IV, and Vietnam Counteroffensive Phase V; a total of
four campaigns.

15.  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 at the time of the
applicant's assignment to the 23rd Supply and Transport Battalion the unit
was awarded the Meritorious Unit Commendation by Headquarters, Department
of the Army, General Orders Number 53, dated 1970.

16.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant's assignment to the 23rd Supply and Transport Battalion the
unit was cited for award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation by Headquarters, Department of the Army, General Orders
Number 8, dated 1974.

17.  The applicant's records contain a copy of Headquarters, Fort Polk,
Fort Polk, Louisiana, Special Orders Number 174, dated 7 July 1967, which
shows that he was awarded the Sharpshooter Marksmanship Qualification Badge
with Rifle Bar.

18.  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 established the criteria for
award of the Combat Infantryman Badge to the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “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
Soldiers who have an infantry 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.

19.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman (emphasis added) satisfactorily performing infantry
duties, he must be assigned to an infantry unit during such time as the
unit is engaged in active ground combat, and he must actively participate
in such ground combat.  In similar cases regarding enlisted Soldiers, the
Military Awards Branch of the U.S. Army Human Resources Command has advised
that during the Vietnam era the Combat Infantryman Badge was awarded only
to enlisted Soldiers who held (emphasis added) and served in MOS 11B, 11C,
11F, 11G, or 11H.  Award of the Combat Infantryman Badge during the Vietnam
era was announced in unit special orders, normally published at battalion
or brigade level.

20.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

21.  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.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

22.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.

23.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

24.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

25.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge and Republic of Vietnam Gallantry Cross.  He also
contends that his records should be corrected to show all other awards or
decorations not listed on his discharge document that he is entitled to for
his service in the U.S. Army.

2.  There is no evidence of record that shows the applicant held an
infantry MOS, was assigned to an infantry unit during such time as the unit
engaged in active ground combat, or that he actively participated in such
ground combat while serving in Vietnam.  Moreover, there are no orders or
other evidence that shows the applicant was awarded the Combat Infantryman
Badge.  Therefore, there is insufficient evidence upon which to base award
of the Combat Infantryman Badge in this case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 23 May 1967 through 22 May 1969 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

4.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  Special Orders awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

8.  Records show that the applicant served a total of 12 months in Vietnam.
 Therefore, he is entitled to correction of his records to show award of 2
Overseas Service Bars.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 May 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
21 May 1972.  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.  Although the applicant did not file within the
ABCMR's statute of limitations, it is appropriate to waive failure to
timely file for award of the Good Conduct Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__PMS__  ___LMD_  __RDG__  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.  awarding the individual the Good Conduct Medal for exemplary
conduct efficiency, and fidelity during the period 23 May 1967 through 22
May 1969;

      b.  deleting from the DD Form 214, the Vietnam Service Medal; and

      c.  adding the Good Conduct Medal, Vietnam Service Medal with 4
bronze service stars, Meritorious Unit Commendation, Republic of Vietnam
Gallantry Cross with Palm Unit Citation, Sharpshooter Marksmanship
Qualification Badge with Rifle Bar, and 2 Overseas Service Bars.

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.




                            ____Paul M. Smith______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018201                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2006/08/29                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690522                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0014.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |107.0034.0000                           |
|4.                      |107.0056.0000                           |
|5.                      |107.0073.0000                           |
|6.                      |107.0094.0000                           |


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