RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 January 2006
      DOCKET NUMBER:  AR20050007561


      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. Marie C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Qawly A. Sabree               |     |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 a recommendation for the award was not
submitted while he was serving in Vietnam.  The applicant continues that he
thought he would have been awarded the badge at the time of his separation.


3.  The applicant further stated that during the separation process, he did
not receive the Combat Infantryman Badge; however, did not press the issue
because he just wanted to go home.

4.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 5 March 1970, the date of his separation from active duty.  The
application submitted in this case is dated 13 May 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 in the Army on 6 March 1968 for a period of
2 years.  After completion of basic and advanced individual training, he
was awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).  The applicant served in Vietnam during the period 11 August
1968 through 8 August 1969.  He was discharged on 5 March 1970 with an
honorable discharge.

4.  The applicant's DD Form 214 does not list award of the Combat
Infantryman Badge and his service record does not contain any orders
awarding him this badge.

5.  Item 38 (Record of Assignment) of the applicant's DA Form 20 (Enlisted
Personnel Record) shows that during his service in Vietnam, he served in
the MOS 11B (Security Guard) while assigned to the Advisory Team 95, III
Corps Tactical Zone and to the Advisory Detachment 96, IV Corps Tactical
Zone.

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.  U.S. Military Assistance Command, Vietnam, (MACV) Directive 672-1
(Awards and Decorations) provided, in pertinent part, for award of the
Combat Infantryman Badge to military personnel assigned to MACV advisory
positions in Vietnam.  Appendix 3 to Annex A of this regulation listed
primary duties in MACV which are not eligible for award of the Combat
Infantryman Badge.  The primary duty, a Security Guard, is listed as one of
the duties not eligible for award of the Combat Infantryman Badge.

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

9.  The applicant's service records do not show entitlement to award of the
Good Conduct Medal.

10.  The applicant's DA Form 20 shows that his conduct and efficiency were
rated as "excellent."

11.  A review of the applicant's service record shows no derogatory
information that would disqualify him for the first award of the Good
Conduct Medal.

12.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their conduct,
efficiency and fidelity during a qualifying period of active duty enlisted
service.  This period is 3 years except in those cases when the period for
the first award ends with the termination of a period of Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

13.  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 Advisory Detachment 96, IV Corps Tactical
Zone, this unit was cited for award of the Republic of Vietnam Civil
Actions Honor Medal, First Class Unit Citation by Department of the Army
General Order Number 51, dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he was never awarded the Combat Infantryman
Badge.

2.  The records available contain no evidence which shows the applicant was
awarded the Combat Infantryman Badge.  Evidence shows he was awarded an
infantry military occupational specialty, but he served as a security guard
while assigned in Vietnam.

3.  There is no evidence that the applicant served in an infantry unit of
regimental size or smaller in ground combat, all of which are required by
regulation for award of the Combat Infantryman Badge.  There also is no
evidence that he performed infantry duties while serving on an advisory
team which qualified him for award of the Combat Infantryman Badge.  In
fact he served in a position which precluded award of the Combat
Infantryman Badge to him.

4.  Based on the foregoing facts, there is insufficient basis for award of
the Combat Infantryman Badge.

5.  Evidence of record confirms that the applicant served honorably during
the period from 6 March 1968 through 5 March 1970.  Lacking any derogatory
information on file that would have disqualified him, it would be
appropriate to award the applicant the first award of the Good Conduct
Medal based on completion of qualifying service ending with termination of
a period of Federal military service.  Therefore, he is entitled to
correction of his records to show award of the Good Conduct Medal.

6.  During the applicant's assignment with the Advisory Detachment 96, the
unit was cited for award of the Republic of Vietnam Civil Actions Honor
Medal, First Class Unit Citation.  Therefore, the applicant is entitled to
award of the Republic of Vietnam Civil Actions Honor Medal, First Class
Unit Citation.


7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 4 March 1973.  The applicant did not file within the 3-year
statute of limitations; however, it is appropriate to waive failure timely
file in this case based on the relief being granted.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__KLW_  __DED___  _QAS___  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 awarding the first
award of the Good Conduct Medal for the period 6 March 1968 through 5 March
1970, and the Republic of Vietnam Civil Actions Honor Medal, First Class
Unit Citation.

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.




                                      _Kenneth L. Wright___
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050007561                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/01/10                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  157  |107.0111/CIB                            |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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