RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:                                        27 OCTOBER 2005
      DOCKET NUMBER:                    AR20050000806


      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 that he be awarded the Combat Infantryman Badge
(CIB) and the Good Conduct Medal (GCMDL) and that the awards of the
Republic of Vietnam Campaign Medal (RVCM) and Armed Forces Expeditionary
Medal (AFEM) be added to his report of separation (DD Form 214).

2.  The applicant states, in effect, that he believes that he should have
been awarded the CIB and GCMDL.  In addition, he received awards of the
RVNCM and the AFEM that were not added to his DD Form 214.  He goes on to
state that he was a light weapons infantryman who carried a M79 grenade
launcher on over 25 night and day patrols while assigned to the Advisory
Group at the Special Forces Camp.

3.  The applicant provides copies of documents announcing his entitlement
to awards of the RVNCM and AFEM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 July 1967.  The application submitted in this case is dated
10 January 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.  He enlisted in Albuquerque, New Mexico, on 31 July 1964, for a period
of 3 years.  He completed his training at Fort Polk, Louisiana, and was
transferred to Fort Benning, Georgia, for assignment as a light weapons
infantryman.

4.  On 11 May 1965, he was transferred to Vietnam and was assigned to the
United States Military Assistance Command – Vietnam (MAC-V), III Corps
Advisory Group, for duty as a security guard.  He was advanced to the pay
grade of E-4 on 20 January 1966.

5.  On 3 May 1966, a letter was dispatched to the applicant from the
Commanding General of MAC-V informing him that he was entitled to wear the
AFEM.

6.  The applicant departed Vietnam on 4 May 1966 and was transferred to
Fort Polk with duty in a training company.  On 30 September 1966, a letter
was dispatched to the applicant from the brigade adjutant informing him
that he was authorized to wear the RVNCM.

7.  The applicant continued to serve at Fort Polk until he was honorably
released from active duty (REFRAD) on 30 July 1967.  He had served 3 years
of total active service and his DD Form 214 issued at the time of his
REFRAD indicates that he was awarded the National Defense Service Medal and
the Vietnam Service Medal.

8.  A review of the available records shows that the applicant had
excellent conduct and efficiency ratings throughout his service and his
records are void of any derogatory information that might serve to
disqualify him for award of the GCMDL.

9.  Army Regulation 600-8-22 also provides the criteria for award of the
Combat Infantryman Badge (CIB).  It states, in pertinent part, that to be
eligible for the CIB, an individual must be an infantryman with an infantry
military occupational specialty (MOS) and must perform duty as an
infantryman, as a member of an infantry unit of brigade or smaller size,
during any period in which that unit was engaged in ground combat.  Battle
participation credit alone is not sufficient.

10.  MACV Directive 672-1 provided CIB guidance which stated that personnel
who served as security guards, who although in the performance of their
duties may accompany infantry or infantry-type units on operations, were
not eligible for award of the CIB.

11.  Army Regulation 672-5-1, in effect at the time, established the
criteria for award of the GCMDL.  It states, in pertinent part, that the
GCMDL was established by Executive Order 8809, 28 June 1941 and was amended
by Executive Order 9323, 1943 and by Executive Order 10444, 10 April 1953
and is awarded for exemplary behavior, efficiency, and fidelity in active
Federal military service.  The regulation also states, in pertinent part,
that for first award only, upon termination of service on or after 27 June
1950, a period of service of less than 3 years but more than 1 year
qualifies for award of the GCMDL.  There is no automatic entitlement to
award of the GCMDL.
12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Meritorious Unit Commendation (MUC)
during the period he was assigned to the unit.  Additionally, he
participated in two campaigns while assigned to Vietnam and is entitled to
be awarded two bronze service stars for wear on his already awarded VSM to
denote his campaign participation.

13.  Army Regulation 600-8-22 also provides, in pertinent part, that the
VSM is awarded to all members of the Armed Forces of the United States
serving in Vietnam after 3 July 1965 through 28 March 1973.  Individuals
qualified for award of the AFEM for reason of service in Vietnam between 1
July 1958 and 3 July 1965 shall remain qualified for that medal.  Upon
request, any such personnel may be awarded the VSM instead of the AFEM.  In
such instances, the AFEM will be deleted from the list of authorized medals
in the personnel records.  No person will be entitled to both awards for
Vietnam service.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant was an infantryman in Vietnam, the evidence of
record indicates that he was assigned to an advisory group for duty as a
security guard. The applicable regulation regarding award of the CIB to
personnel serving as security guards in advisory groups specifically
precluded award of the CIB in those positions.  Accordingly, there appears
to be no basis to award him the CIB.

2.  However, after carefully examining the applicant’s record of service,
the Board has determined that the applicant should have received the GCMDL
for his service from 13 May 1968 through 18 May 1970.  This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the GCMDL, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.

3.  Additionally, the evidence of record establishes that the applicant is
entitled to awards of the RVNGC w/Palm Unit Citation, the MUC and two
bronze service stars for wear on his already awarded VSM.
4.  While the evidence provided by the applicant indicates that he was
authorized to wear the AFEM for his service in Vietnam, his DD Form 214
reflects that he was awarded the VSM at the time of his REFRAD.  Inasmuch
as the applicable regulation prohibits the award of the AFEM and the VSM
for service in Vietnam, the AFEM may not be added to his DD Form 214 unless
the applicant elects to remove the VSM from his DD Form 214 in order to
receive award of the AFEM instead.  Therefore, lacking such an election,
the VSM will remain on his DD Form 214.

5.  The applicant is authorized the award of the RVNCM and as such it
should be added to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

____MM_  ___AR __  ___LS___  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 showing that he was
awarded the RVNCM and by awarding him the GCMDL for the period of 31 July
1964 to 30 July 1967, the RVNGC w/Palm Unit Citation, the MUC and two
bronze service stars for wear on his already awarded VSM.

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 CIB and addition of the AFEM to his DD Form 214.



            _____
                    CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20050000806                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20051027                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19670630                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |157/CIB                                 |
|1.107.0111              |                                        |
|2.107.0094              |140/RVNGC107.0056                       |
|3.107.0056              |102/GCM                                 |
|4.107.0034              |80/MUC                                  |
|5.                      |                                        |
|6.                      |                                        |


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