RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 August 2005
      DOCKET NUMBER:  AR20050000799


      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             |
|     |                                  |     |Analyst              |

      The following members, a quorum, were present:

|     |                                  |     |Chairperson          |
|     |                                  |     |Member               |
|     |                                  |     |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 correction of his records to show award of the
Combat Infantryman Badge.

2.  The applicant states, in effect, that a military administrative error
caused the Combat Infantryman Badge to be excluded from his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

3.  The applicant provides a DD Form 214 with the period ending 15
September 1971.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 15 September 1971.  The application submitted in this case is
dated 30 November 2004.

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 on 4 August 1969 and successfully completed
basic training and advanced individual training.  He was awarded military
occupational specialty 11C (Infantryman Indirect Fire Crewman).

4.  The applicant arrived in Vietnam and was assigned to C Company, 2nd
Battalion, 19th Cavalry on or about 27 January 1970 where he performed
duties as an Indirect Fire Crewman.  He was reassigned to A Company, 2nd
Battalion, 12th Cavalry on or about 2 March 1970 where he performed duties
as an Indirect Fire Crewman.

5.  Records show that the applicant was absent without leave (AWOL) on
20 March 1970 through 29 April 1970.  His DA Form 20 (Enlisted
Qualification Record) shows that he departed Vietnam on or about 30 April
1970 and he was reassigned to the Special Processing Detachment, U.S. Army
Training Command and Fort Campbell, Kentucky.

6.  The applicant returned to Vietnam and was assigned to Headquarters and
Headquarters Company, 1st Battalion, 5th Infantry on 4 November 1970
through 18 January 1971.  He was reassigned to D Company, 1st Battalion,
5th Infantry on or about 19 January 1971 where he performed duties as a
Light Vehicle Driver.  He departed Vietnam on 7 April 1971 after being
credited with participating in three campaigns.

7.  The applicant's DD Form 214 shows award of the National Defense Service
Medal, the Republic of Vietnam Campaign Medal with Device (1960), the
Vietnam Service Medal, the Marksman Marksmanship Qualification Badge
(Pistol 45 Caliber), the Sharpshooter Marksmanship Qualification Badge
(Rifle M-14), and Expert Marksmanship Qualification Badge (Mortar).

8.  There are no orders in the applicant's service personnel records
awarding him the Combat Infantryman Badge.

9.  Army Regulation 600-8-22 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.  There are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, must be
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and must actively participate in such ground combat.
Campaign or battle credit alone is not sufficient for award of the Combat
Infantryman Badge.  The Awards Branch of the U.S. Army 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows that the applicant was awarded an infantry MOS
and that he served in an infantryman position.  However, his military
records show he was AWOL for a period of time while in Vietnam.  There is
insufficient evidence to show he satisfactorily performed his infantry
duties while serving in Vietnam and thus insufficient evidence to show he
is eligible for the Combat Infantryman Badge.

2.  The applicant’s participation in two campaigns entitles him to three
bronze service stars to be worn on his Vietnam Service Medal.  His DD Form
214 should be amended to add this award.



3.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 15 September 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 14 September 1974.  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.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__ JS ___  __ DJ ___  __ MJF _  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show award of three bronze service stars to be worn
on his Vietnam Service Medal.



                            ____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050000799                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |11 August 2005                          |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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