RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 SEPTEMBER 2006
      DOCKET NUMBER:  AR20050018314


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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, in effect, that he was assigned to an infantry
unit while in Vietnam and performed duties as a perimeter guard and in
communications.  He notes he was subjected to routine mortar and rocket
attacks as well as small arms fire.  He states he was certainly in combat
several times and therefore maintains he should have been awarded the
Combat Infantryman Badge.  He states that he was under fire several times
during his two tours of duty in Vietnam.

3.  The applicant provides a copy of his separation document in support of
his request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 10 July 1970.  The application submitted in this case is
dated
11 January 2006.

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.  Records available to the Board indicate the applicant entered active
duty on 19 July 1967.  He was trained as a field wireman (36K) and
performed duties in that field for the duration of his military service.

4.  The applicant served two tours of duty in Vietnam.  His initial tour,
between February 1968 and November 1968 was the result of a unit move with
the 2nd Battalion, 505th Infantry.  The applicant served his second tour of
duty in Vietnam with the 108th Artillery Group between October 1969 and
July 1970.

5.  On 10 July 1970 the applicant was released from active duty with an
honorable characterization of service.

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 military
occupational specialty (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 were awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

7.  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.

8.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in seven designated campaigns (TET
Counteroffensive, Vietnam Counteroffensive Phases IV, V, and VI, Vietnam
Summer-Fall 1969, Vietnam Winter-Spring 1970, and Sanctuary
Counteroffensive) during the applicant’s two tours of duty in Vietnam.  One
silver service star (denoting five campaigns) and two bronze service stars
on the Vietnam Service Medal, which is recorded on his separation document,
should reflect his campaign participation.  The applicant is also entitled
to two awards of the Republic of Vietnam Gallantry Cross Unit Citation with
Palm and one award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation which were awarded to his units during his tenure
with those organizations.  The unit awards were also omitted from his
separation document.

DISCUSSION AND CONCLUSIONS:

1.  While the applicant may have been assigned to an infantry element
during his initial tour of duty in Vietnam and exposed to combat action
during both tours, he did not hold an infantry specialty and as such he
would not have met the requirements for award of the Combat Infantryman
Badge.

2.  In order to justify correction of a military record the applicant must
show, or it must otherwise satisfactorily appear, that the record is in
error or unjust.  The applicant has failed to submit evidence that would
satisfy that requirement.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 10 July 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
9 July 1973.  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

___LS___  ___PS __  ___AM __  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 to show entitlement to one silver service star and two bronze
service stars on his Vietnam Service Medal, in addition to two awards of
the Republic of Vietnam Gallantry Cross Unit Citation with Palm and one
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation.




                                  _____Linda Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050018314                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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