RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 August 2006
      DOCKET NUMBER:  AR20060000693


      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             |
|     |Ms. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Jeanette McCants              |     |Chairperson          |
|     |Mr. Scott Faught                  |     |Member               |
|     |Mr. Rowland 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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, there is no record of his Combat
Infantryman Badge on his DD Form 214 because of poor record keeping by the
company clerk.  He contends that he served in Vietnam assigned to Company
C,
1st Battalion, 52nd Infantry, 198th Infantry Brigade and fought in the
jungle for a year.

3.  The applicant provides a statement, dated 24 January 2006, from his
company commander at the time in question.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 August 1971.  The application submitted in this case is dated 7 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 was inducted on 23 September 1969.  He was awarded
military occupational specialty (MOS) 11B (light weapons infantryman).  He
arrived in Vietnam on 5 August 1970.  He served in MOS 11B assigned to
Company C,
1st Battalion, 52nd Infantry, 198th Infantry Brigade in Vietnam from 6
September 1970 through 4 August 1971.  On 5 August 1971, the applicant was
released from active duty in the rank of specialist four after completing 1
year, 10 months, and 13 days of creditable active service with no time
lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, two awards of the Overseas Service Bar, the Marksman
Marksmanship Qualification Badge with Rifle (M-16), and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar (M-14) as authorized
awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

6.  In support of his claim, the applicant provided a statement, dated 24
January 2006, purportedly from his company commander at the time in
question.  He attests that the applicant was a member of his company and
that they were in constant contact with the enemy while he was the company
commander.  He also attests that the applicant earned the Combat
Infantryman Badge and through an apparent oversight he never received the
award.  He recommends that the applicant be awarded the Combat Infantryman
Badge at the earliest opportunity.

7.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

8.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

9.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

10.  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 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 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.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.  Although the evidence of record shows the
applicant held an infantry MOS and served in an infantry MOS while assigned
to an infantry company in Vietnam, there is no evidence of record which
shows he served in active ground combat.  In the absence of orders or other
evidence which shows he served in active ground combat in Vietnam, the
letter provided by the applicant’s company commander at the time in
question (without evidence to verify that this individual was in fact the
applicant’s company commander) is insufficient evidence on which to base
award of the Combat Infantryman Badge.

2.  The applicant was separated in the rank of specialist four with 22
months of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 23 September 1969 through 5 August
1971 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

3.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 5 August 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 4 August 1974.
The applicant 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:

________  ________  ________  GRANT FULL RELIEF

JM_____  _SF____  _RH_____  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:


      a.  awarding him the first award of the Good Conduct Medal for the
period 23 September 1969 through 5 August 1971; and

      b.  amending his DD Form 214 to add the Good Conduct Medal and to show
that he was awarded the Vietnam Service Medal with two bronze service stars
and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

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.



                                  __Jeanette McCants_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060000693                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060824                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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