RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060000108


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Scott W. Faught               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that his records be corrected to
show award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was an Infantryman since  
1963 and there is no record in his 201 file to show the award of the CIB.
He further states that all his records reflect this information, so the
omission of the CIB is an apparent clerical error.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and a copy of Headquarters, 4th
Infantry Division General Orders Number 2297, dated 1 June 1968.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 January 1982, the date he retired from active duty.
The application submitted in this case is dated 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.  The applicant was inducted on 16 May 1959, and enlisted in the Regular
Army on 6 February 1961.  He served as an infantryman with Company C,  
1st Battalion, 22nd Infantry, 4th Infantry Division in the Republic of
Vietnam during the period July 1967 to July 1968.  He was honorably
released from active duty on 7 November 1969.  The DD Form 214 he was
issued shows that he was awarded the Purple Heart with 2 Oak Leaf Clusters,
the Bronze Star Medal, and the Army Commendation Medal.

4.  He reentered active duty on 28 August 1972.

5.  The applicant was honorably released from active duty on 31 January  
1982 after serving 22 years, 8 months, and 11 days of active service and
placed on the Retired List the following day.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 do not show the award of the CIB.

7.  There are no orders in the applicant's records to show the CIB.

8.  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 was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Review of the applicant's records indicates entitlement to additional
awards that are not shown on his DD Form 214.

10.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in the Republic of Vietnam.  This document shows the unit, to which
the applicant was assigned, 1st Battalion, 22nd Infantry, was cited for an
award of Valorous Unit Award based on Department of the Army General orders
Number 43, dated 1970; and the Republic of Vietnam Civil Actions Honor
Medal, First Class Unit Citation based on Department of the Army General
Order Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB because
he served as an Infantryman since 1963.

2.  Evidence shows the applicant served in an infantry MOS, with Company C,
1st Battalion, 22nd Infantry, 4th Infantry Division, in the Republic of
Vietnam during the period July 1967 to July 1968.  His record further shows
that he was assigned to a unit which was awarded the Valorous Unit Award,
and was awarded the Purple Heart with 2 Oak Leaf Clusters for being wounded
in combat. Therefore, the preponderance of evidence shows that he is
entitled to award of the Combat Infantryman Badge and correction of his
records to show this award.

3.  Orders show that 1st Battalion, 22nd Infantry, was awarded the Valorous
Unit Award and Republic of Vietnam Civil Actions Honor Medal, First Class
Unit Citation while the applicant was assigned to the unit.  Therefore, he
is entitled to correction of his records to show these awards.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 January 1982; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
30 January 1985.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the evidence submitted by the applicant which warrants a grant of
relief in this case.

BOARD VOTE:

___jrm___  ____rch__  ____swf_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 award of the Combat
Infantryman Badge, Valorous Unit Award and the Republic of Vietnam Civil
Actions Honor Medal, First Class Unit Citation.




                            __________Jeanette R. McCants_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000108                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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