RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         17 August 2006
      DOCKET NUMBER:  AR20060000497


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, award of the Combat Infantryman
Badge (CIB) and all other awards to which he is entitled based on his
service in the Republic of Vietnam (RVN).

2.  The applicant states, in effect, he was separated before they added the
CIB, or any of the campaign ribbons to which he was entitled based on his
RVN service.  He claims he was assigned to the 5th Cavalry Regiment of the
1st Cavalry Division and served as a combat infantryman in the RVN.  He
claims he was medically evacuated to a hospital in Rochester, New York, but
does not remember why.  He states that he has a 17 year old son and after
looking at his separation document (DD Form 214), he realized he had
nothing to show his son regarding what he did in the war.  He states that
he was separated in 1966, and all the medals and ribbons were authorized
afterwards.

3.  The applicant provides a self-authored statement and his DD Form 214 in
support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 9 January 1966, the date of his separation from active
duty.  The application submitted in this case is dated 3 January 2006.

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's record shows that he was inducted into the Army and
entered active duty on 9 January 1966.  He was trained in, awarded, and
served in military occupational specialty (MOS) 11C (Infantry Indirect Fire
Crewman), and the highest rank he attained while serving on active duty was
private first class (PFC).  His Enlisted Qualification Record (DA Form 20)
and Service Record
(DA Form 24) show he served in the RVN from 16 September 1965 through
21 November 1965, and that during this period he was assigned to Company A,
2nd Battalion, 5th Cavalry Regiment, 1st Cavalry Division, performing
duties in MOS 11C as an infantry indirect fire crewman.
4.  Section 9 (Medals, Decorations, and Citations) of the applicant's DA
Form 24 and Item 41 (Awards and Decorations) of his DA Form 20 show that
during his active duty tenure, he earned the National Defense Service
Medal, Expert Qualification Badge with Rifle (M-14) and Recoilless Rifle (M-
106) Bars, and Marksman Qualification Badge with Rifle (M-1) Bar.  Item 38
(Record of Assignments) of his DA Form 20, and Section 2 (Chronological
Record of Military Service) of his DA Form 24 show he received "Excellent"
conduct and efficiency ratings at each of his active duty assignments.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains no
orders, or other documents that indicate he was ever recommended for, or
awarded the CIB by proper authority while serving on active duty.

6.  On 9 January 1966, the applicant was honorably separated from active
duty, by reason of expiration of term of service (ETS) after completing 2
years and
2 days of active military service.  Item 26 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
he earned the Expert Qualification Badge with Rifle (M-14) and Recoilless
Rifle (M-106) Bars.  The CIB is not included in the list of awards
contained on his DD Form 214.

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-10 contains
guidance on award of the National Defense Service Medal.  It states, in
pertinent part, that it was authorized for any period of active duty
service between 1 January 1961 and 14 August 1974, both dates inclusive.
Paragraph 2-13 contains guidance on the Vietnam Service Medal (VSM).  It
states that it is authorized for service in the RVN after 3 July 1965
through 28 March 1973.  It also states that 1 bronze service star is
authorized with this award for each RVN campaign a member is credited with
participating in.

8.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM 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, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

9.  Paragraph 8-6 of the awards regulation contains guidance on award of
the CIB.  It states, in pertinent part, that there are basically three
requirements for award of the CIB.  The Soldier must be an infantryman
satisfactorily performing infantry duties, must be assigned to an infantry
unit of brigade, regimental, or smaller size 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 CIB.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 5th Cavalry
Regiment) received the Presidential Unit Citation and RVN Gallantry Cross
with Palm Unit Citation, and that participation credit was granted for the
Vietnam Defense Campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered.  However, by regulation, in order to qualify for the CIB, a
member must not only hold an infantry MOS and be assigned to a qualifying
infantry unit, there must also be evidence that he was personally present
with his qualifying infantry unit when it was engaged in ground combat with
enemy forces, and that he actively participated in such ground combat.

2.  The evidence of record in this case confirms that the applicant held an
infantry MOS and was assigned to a qualifying infantry unit while serving
in the RVN.  However, there is no evidence confirming his actual
participation with his unit while it was engaged in ground combat with
enemy forces.  Further, there are no orders, or other documents on file in
his MPRJ that indicate he was ever recommended for, or awarded the CIB by
proper authority while serving on active duty.  Therefore, the regulatory
criteria necessary to support award of the CIB has not been satisfied in
this case.

3.  The applicant's record confirms that he received "Excellent" conduct
and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 8 January 1964 through 9 January 1966.

4.  The record also confirms that based on his active duty service, and RVN
service, in addition to those awards already included on his DD Form 214,
he is also entitled to the National Defense Service Medal, Vietnam Service
Medal with 1 bronze service star, Presidential Unit Citation, RVN Gallantry
Cross with Palm Unit Citation, and Marksman Qualification Badge with Rifle
(M-1) Bar.  Therefore, it would be appropriate to add these awards to his
record and separation document at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RTD _  __DAC__  __RMN _  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 him the Army
Good Conduct Medal for his qualifying active duty service from 8 January
1964 through 9 January 1966; by showing his entitlement to the National
Defense Service Medal, Vietnam Service Medal with 1 bronze service star,
Presidential Unit Citation, Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and Marksman Qualification Badge with Rifle (M-1) Bar; and
by providing him a correction to his separation document that includes
these awards.

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.




                                  _____Richard T. Dunbar_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000497                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/08/17                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1966/01/09                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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