RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 September 2006
      DOCKET NUMBER:  AR20060000293


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Maria J.N.Troup               |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, the son of the former service member (FSM), requests
that his father be awarded the Combat Infantryman Badge.

2.  The applicant states, in effect, that the FSM was an infantryman who
attended several combat infantry-related courses during his military
service, served in both Korea and Vietnam, and is entitled to award of the
Combat Infantryman Badge.

3.  The applicant provides a self-authored letter, dated 21 November 2005,
and copies of his Birth Certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
6 June 1966, the date of the FSM's discharge.  The application submitted in
this case is dated 30 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 FSM's military service record shows that he enlisted in the Regular
Army and entered active duty on 20 July 1948.  Upon completion of basic
combat training and advanced individual training, the FSM was awarded
military occupational specialty (MOS) 111 (Light Weapons Infantryman).
During this period of service the FSM attained the grade of rank of
corporal (E-4).  On 3 July 1950, the FSM was honorably released from active
duty after completing a total of 1 year, 11 months, and 14 days active
service.  He transferred to the Reserve Component where he served until
reentering active duty on 6 March 1951.

4.  The FSM's military service record shows that he was assigned to Company
E, 7th Infantry Regiment, and served in Korea from 24 August 1951 through
29 November 1951.  On 8 December 1951, the FSM was honorably released from
active duty after completing a total of 9 months and 2 days net active
service.  The FSM then transferred to the Reserve Component where he served
until reentering active duty on 8 June 1954.
5.  The FSM reentered active duty on 9 June 1954 and was awarded secondary
MOS 71L (Administrative Specialist), effective 6 December 1954.  The FSM
reenlisted on 9 June 1960, served in the Republic of Korea from 21 June
1962 through 6 July 1963, and then in the Republic of Vietnam from 15
October 1965 through 31 May 1966.  He attained the grade of rank of staff
sergeant (E-6) and was honorably discharged on 6 June 1966 after completing
a total of 15 years,
8 months, and 22 days active service.

6.  The FSM's DD Form 214 (Report of Separation from the Armed Forces of
the United States), with an effective date of 3 July 1950, shows in Item 27
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) that he was awarded the Army of Occupation Medal
with Germany Clasp.

7.  The FSM's DD Form 214, with an effective date of 8 December 1951, shows
in Item 27 that he was awarded the Korean Service Medal with 1 bronze
service star.

8.  The FSM's DD Form 214, with an effective date of 8 June 1960, shows in
Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) that he was awarded the Good Conduct Medal.

9.  The FSM's DD Form 214, with an effective date of 6 June 1966, shows in
Item 26 that he was awarded the Army Commendation Medal, Good Conduct Medal
(2nd Award),  Vietnam Service Medal, and Expert Marksmanship Qualification
Badge with (M-1) Carbine Rifle and (M-14) Rifle Bars.

10.  The FSM's record contains a copy of Headquarters, 7th Cavalry Regiment
(Korea), Special Orders Number 241, dated 7 November 1951.  These orders
show, in pertinent part, that the FSM was awarded the Combat Infantryman
Badge per verbal orders of the commanding officer, effective 1 November
1951.

11.  A review of the FSM's record reveals that he may be entitled to
additional awards that are not shown on his final DD Form 214.

12.  The FSM's DA Form 20 (Enlisted Qualification Record), Item 31 (Foreign
Service), shows, in pertinent part, that he served in the Republic of Korea
from 24 August 1951 through 29 November 1951 and from 21 June 1962 through
6 July 1963.  This item also shows that the FSM served in the Republic of
Vietnam from 15 October 1965 through 31 May 1966.  Item 39 (Campaigns) of
this document shows that while serving in Korea the FSM participated in the
United Nations Summer-Fall Offensive campaign.  Item 38 (Record of
Assignments) of this document shows, in pertinent part, that the FSM
performed principal duty as an Administrative Specialist (Duty MOS 71L)
while assigned to Headquarters and Headquarters Detachment, U.S. Army
Vietnam.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the FSM participated in 2 campaigns during his service in Vietnam.  This
document shows that the FSM participated in the Vietnam Defense Campaign
and Vietnam Counteroffensive Campaign.

14.  The FSM's record contains a copy of Headquarters, U.S. Naval Support
Activity, Saigon (Vietnam) letter, dated 11 August 1966, subject:  Award of
the Navy Unit Commendation to Army Personnel.  This document shows, in
pertinent part, that the Navy Unit Commendation was awarded to the officers
and men attached to or serving with Headquarters Support Activity, Saigon,
for exceptionally meritorious service from 1 July 1962 to 15 March 1966.
This document also shows, in pertinent part, that the FSM's name is listed
on the document as one of the personnel cited for the unit award.

15.  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 FSM's
assignment to Headquarters Support Activity, Saigon, the unit was cited for
award of the Navy Unit Commendation by Headquarters, Department of the
Army, General Orders Number 32 (1973).

16.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the FSM's assignment to Headquarters Support Activity, Saigon, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 8 (1974).

17.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards and paragraph 8-6 of the regulation provides for award of
the Combat Infantryman Badge.  That paragraph states that there are
basically three requirements for award of the Combat Infantryman Badge.
The Soldier must be an infantryman satisfactorily performing infantry
duties, he must be assigned to an infantry unit during such time as the
unit is engaged in active ground combat, and he must actively participate
in such ground combat.  Specific requirements state, in effect, that an
Army enlisted Soldier must have an infantry specialty and have
satisfactorily performed duty while assigned or attached as a member of an
infantry unit of brigade, regimental, or smaller size during any period
such unit was engaged in active ground combat.  A recipient must be
personally present and under hostile fire while serving in an assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.

18.  Army Regulation 600-8-22 also states, “A separate award of the Combat
Infantryman Badge has been authorized for qualified Soldiers in any of four
conflicts:  World War II (7 December 1941 to 3 September 1945), the Korean
Conflict (27 June 1950 to 27 July 1953), the Vietnam Conflict (as outlined
in the sentence that follows), and Operation Enduring Freedom (5 December
2001 to a date to be determined).  Service in the Republic of Vietnam
Conflict (1 March 1961 to 28 March 1973), combined with qualifying service
in Laos (19 April 1961 to 6 October 1962), the Dominican Republic (28 April
1965 to 1 September 1966), Korea on the Demilitarized Zone (4 January 1969
to 31 March 1994),
El Salvador (1 January 1981 to 1 February 1992), Grenada (23 October 1983
to
23 November 1983), Panama (20 December 1989 to 31 January 1990), the
Persian Gulf War (17 January 1991 to 11 April 1991), and Somalia (5 June
1992 to 31 March 1994) is recognized by one award only regardless of
whether a Soldier had served one or multiple tours in any or all or these
areas.”

19.  Army Regulation 600-8-22, as amended, provides that the National
Defense Service Medal is awarded for honorable active service for any
period between
27 July 1950 through 27 July 1954, 1 January 1961 through 14 August 1974,
2 August 1990 through 30 November 1995, and 11 September 2001 to a date to
be determined.  This regulation also provides that the second and
subsequent awards of the National Defense Service Medal are denoted by a
bronze service star affixed to the National Defense Service Medal.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment
for 1 or more days with an organization participating in or directly
supporting military operations.  A bronze service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

21.  Army Regulation 600-8-22, Chapter 7 (Unit Awards), paragraph 7-12
provides, in pertinent part, that the Navy Unit Commendation has been
established to recognize exceptionally meritorious conduct in the
performance of outstanding services.

22.  Army Regulation 600-8-22 provides for award of the United Nations
Service Medal.  In pertinent part, the regulation states that the period of
eligibility for the United Nations Service Medal was between 27 June 1950
and 27 July 1954.  The regulation provides that this service medal was
awarded to members of the Armed Forces of the United States dispatched to
Korea or adjacent areas on behalf of the United Nations.  Award of the
Korean Service Medal automatically establishes eligibility for award of the
United Nations Service Medal.

23.  The Government of the Republic of Korea issued the Korean War Service
Medal to pay tribute to eligible Korean War veterans for their historic
endeavors to preserve the freedom of the Republic of Korea and the free
world.  The Department of Defense approved acceptance and wear of the
Republic of Korea Korean War Service Medal.  To qualify for award of the
Republic of Korea Korean War Service Medal, the veteran must have served
between 25 June 1950 and 27 July 1953 and been on permanent assignment for
30 consecutive days, or on temporary duty for 60 non-consecutive days,
within the territorial limits of Korea, in the waters immediately adjacent
thereto, or in aerial flight over Korea participating in actual combat
operations or in support of combat operations.

24.  The Korea Defense Service Medal is authorized to members of the Armed
Forces who have served on active duty in support of the defense of the
Republic of Korea from 28 July 1954 to a date to be determined.
Headquarters, U.S. Army Human Resources Command, message, dated 9 February
2004, published implementing instructions for award of the Korea Defense
Service Medal.  This message specified criteria for the award of the Korea
Defense Service Medal as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense;  b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;
c) service members must have been mobilized with units or assigned or
attached to units operating in the area of eligibility and have been
physically deployed in the area of eligibility for 30 consecutive or 60 non-
consecutive days.

25.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with "1960" device.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.

26.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees: with Palm, with Gold Star, with Silver Star, and with Bronze Star.

27.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) governs the requirements for the Overseas Service Bar.  In
pertinent part, it provides that a bar is authorized for wear for each
period of active Federal service as a member of the U.S. Army outside of
the continental limits of the United States for the specific time frames
and areas of operation cited in Army Regulation 670-1, or appropriate
Department of the Army message.  One overseas service bar is authorized for
each period of 6 months active Federal service as a member of a U.S.
Service in Korea from 27 June 1950 to 27 July 1954 and also for service in
Vietnam from 1 July 1958 to 28 March 1973.  In both instances, the month of
arrival and the month of departure are counted as whole months for credit
toward the Overseas Service Bar.  This Army regulation also shows, in
pertinent part, that service in Korea and Vietnam of periods less than
6 months duration, which otherwise meets the requirements for the award of
overseas service bars, may be combined to determine the total number of
overseas service bars authorized.

28.  Army Regulation 635-5 (Separation Documents), in effect at the time of
the applicant's discharge, prescribed the separation documents that must be
prepared for Soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  Chapter 2 contains guidance on the
preparation of the DD Form 214.  For Item 26 (Decoration, Medals, Badges,
Citations, and Campaign Ribbons Awarded or Authorized) of the form the
instructions state, in pertinent part, to list the awards and decorations
for all periods of service in the priority sequence specified in Army
Regulation 600-8-22 and do not use abbreviations.

29.  As a matter of information for the applicant, in accordance with
section 1084 of the Fiscal Year 1998 National Defense Authorization Act,
the Secretary of Defense approved awarding the Cold War Recognition
Certificate to all members of the armed forces and qualified federal
government civilian personnel who faithfully and honorably served the
United States anytime during the Cold War era, which is defined as 2
September 1945 to 26 December 1991.  The award of the Cold War Recognition
Certificate is not governed by the provisions of Army Regulation 600-8-22
and, as a result, is not shown on a discharge document.  However, the
applicant may submit an application for the certificate, on behalf of the
FSM, to the Commander, U.S. Army Human Resources Command, Cold War
Recognition, Hoffman II, Attention: AHRC-CWRS, Suite 3N45, 200 Stovall
Street, Alexandria, VA 22332-0473.  Additional information is available on
the Internet at:
https://www.hrc.army.mil/site/active/TAGD/coldwar/default.htm.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that the FSM is entitled to award of
the Combat Infantryman Badge based on his military service during the
Korean and Vietnam Conflicts.  The applicant provides a list of the FSM's
awards and decorations, along with a summary of the FSM's combat training
and military service.

2.  The evidence of record shows that Special Orders awarded the FSM the
Combat Infantryman Badge for his service during the Korean Conflict.
Therefore, it would be appropriate to correct the FSM's records to show
award of the Combat Infantryman Badge.

3.  There is no evidence of record that shows the FSM is entitled to a
second award of the Combat Infantryman Badge for his service during the
Vietnam Conflict.  The evidence of record fails to show that the FSM met
the three basic qualifying criteria that were required for award of the
badge during his service in Vietnam.  Therefore, the FSM is not entitled to
a second award of the Combat Infantryman Badge.

4.  The evidence of record shows that the FSM is entitled to two awards of
the National Defense Service Medal.  Therefore, the FSM's records should be
corrected to show award of the National Defense Service Medal with 1 bronze
service star.

5.  Records show that the FSM served in two campaigns in Vietnam.
Therefore, the FSM's records should be corrected to show award of 2 bronze
service stars to be affixed to his Vietnam Service Medal.

6.  General Orders awarded the FSM's unit the Navy Unit Commendation.
Therefore, it would be appropriate to correct the FSM's records to show
this unit award.

7.  Army regulation authorized the FSM award of the United Nations Service
Medal based on award of the Korean Service Medal.  Therefore, the FSM's
records should be corrected to show award of this service medal.

8.  The evidence of record shows that the FSM is authorized the Republic of
Korea - Korean War Service Medal.  Therefore, it would be appropriate to
correct the FSM's records to show this foreign award.

9.  The evidence of record shows that the FSM is authorized the Republic of
Korea - Korea Defense Service Medal.  Therefore, it would be appropriate to
correct the FSM's records to show this foreign award.

10.  Army regulation authorized the FSM award of the Republic of Vietnam
Campaign Medal with "1960" device.  Therefore, the FSM's records should be
corrected to show award of this service medal.

11.  General Orders awarded the FSM's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct the FSM's records to show this foreign unit award.

12.  Records show that the applicant served 3 months in Korea and 7 months
in Vietnam during qualifying periods for award of the Overseas Service Bar.
 The evidence of record also shows that both the month of arrival and the
month of departure are counted as whole months for credit toward the
Overseas Service Bar.  In addition, the evidence of record shows that
service in Korea and Vietnam of periods less than 6 months duration, which
otherwise meets the requirements for the award of overseas service bars,
may be combined to determine the total number of overseas service bars
authorized.  As a result, the FSM accumulated a total of 12 months
creditable overseas service toward award of the Overseas Service Bar.
Therefore, the FSM's record should be corrected to show award of 2 Overseas
Service Bars.

13.  Records show the FSM should have discovered the alleged error or
injustice now under consideration on 6 June 1966; therefore, the time for
the FSM to file a request for correction of any error or injustice expired
on 5 June 1969.  The FSM did not file within the 3-year statute of
limitations; however, based on the available evidence, it would be in the
interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___M.J.N.T___CAD_  __EEM__  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:

      a.  correcting the FSM's DD Form 214 to delete the Vietnam Service
Medal; and

      b.  correcting the FSM's DD Form 214 to add the Combat Infantryman
Badge, National Defense Service Medal with 1 bronze service star, Army of
Occupation Medal with Germany clasp, Korean Service Medal with 1 bronze
service star, Vietnam Service Medal with 2 bronze service stars, Navy Unit
Commendation, United Nations Service Medal, Republic of Korea - Korean War
Service Medal, Republic of Korea - Korea Defense Service Medal, Republic of
Vietnam Campaign Medal with "1960" device, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and 2 Overseas Service Bars.




                            ____Maria J.N.Troup____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000293                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19660606                                |
|DISCHARGE AUTHORITY     |AR 635-205, Paragraph 7                 |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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