RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 August 2006
      DOCKET NUMBER:  AR20060001065


      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. Beverly A. Young              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. James Anderholm               |     |Chairperson          |
|     |Mr. Dale Debruler                 |     |Member               |
|     |Mr. James Hastie                  |     |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 (Armed Forces of
the United States Report of Transfer or Discharge) to show his rank as
specialist four (SP4) in item 5a (Grade, Rate or Rank) and his pay grade as
E-4 in item 5b (Pay Grade).  He also requests, in effect, award of the
Combat Infantryman Badge (CIB).

2.  The applicant states he served as an infantryman the first 4 to 5
months in Vietnam and he was released from the service as a SP4.

3.  The applicant provides a copy of his DD Form 214; his Certification of
Military Service; and a page from his Department of Veterans Affairs (DVA)
Rating Decision.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred

on 14 July 1969.  The application submitted in this case is dated 12
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 into the Army on 17 October 1967 in the rank
of private, E-1.  He completed basic combat training at Fort Bragg, North
Carolina and was reassigned to Fort Dix, New Jersey for advanced individual
training (AIT) in military occupational specialty (MOS) 94B (Cook).  He was
advanced to private, E-2 on 17 February 1968.

4.  Headquarters, U.S. Army Training Center, Infantry Special Orders Number
54 dated 23 February 1968 awarded the applicant primary MOS 94B effective
1 March 1968.

5.  He was advanced to private first class (PFC), E-3 on 17 April 1968.

6.  The applicant’s DA Form 20 (Enlisted Qualification Record) shows he was
assigned to Company C, 1st Battalion, 11th Infantry, 5th Infantry Division
in Vietnam on 23 July 1968 in duty MOS 11B.  His DA Form 20 shows he served
as a rifleman in duty MOS 11B from 25 July 1968 through 30 December 1968 in
Vietnam.

7.  Department of the Army, Company C, 1st Battalion, 11th Infantry Unit
Orders Number 83 dated 26 October 1968 promoted the applicant to SP4, E-4
on 26 October 1968 in MOS 11B.

8.  Headquarters, 1st Infantry Brigade, 5th Infantry Division (Mechanized)
Special Orders Number 125 dated 4 November 1968 awarded the applicant
primary MOS 11B20 and secondary MOS 94B20.  These orders withdrew his
primary MOS 94B20.

9.  Headquarters, 5th Battalion, 4th Artillery Unit Orders dated 10 July
1969 reduced the applicant from SP4, E-4 to PFC, E-3 effective 9 July 1969
as a result of nonjudicial punishment under Article 15, Uniform Code of
Military Justice (UCMJ) and Army Regulation 27-10 (Military Justice) for
misconduct.

10.  The applicant’s DA Form 20 shows he served as a cook in duty MOS 94B
from 31 December 1968 to 10 July 1969 in Vietnam.  He departed Vietnam on
13 July 1969 and was credited with participation in four campaigns.

11.  The applicant’s personnel records contain a DA Form 2376 (Notification
to State Adjutants General Release from Active Duty of Obligated Reservist)
dated 13 July 1969 which shows his rank as PFC.

12.  Headquarters, U.S. Army Personnel Center, Special Orders Number 195
dated 14 July 1969 released the applicant from active duty on 14 July 1969.
 His MOS is shown as 94B on the standard name line and his rank is shown as
corporal.

13.  The applicant's DD Form 214 shows his rank as PFC in item 5a and his
pay grade as E-3 in item 5b.

14.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Vietnam Service Medal, the Republic of Vietnam Campaign Medal
with Device (1960), and two Overseas Bars.

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 applicant's
assignment to the 1st Battalion, 11th Infantry, this unit was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders Number 41, dated 1972.

16.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents prepared for Soldiers upon retirement, discharge, or release from
active military service or control of the Army.  It establishes
standardized policy for the preparation of the DD Form 214.  In pertinent
part it states that the DD Form 214 is a synopsis of the Soldier's most
recent period of continuous active duty.  It provides a brief, clear-cut
record of active Army service at the time of release from active duty,
retirement or discharge.

17.  Army Regulation 600-8-22 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 CIB was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

18.  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.  The applicant was promoted to SP4 on 26 October 1968.

2.  The applicant’s separation orders which reflect his rank as corporal
appear to be in error.  The evidence of record shows the applicant was
reduced to PFC on 9 July 1969 as a result of nonjudicial punishment under
Article 15, UCMJ. Therefore, his DD Form 214 accurately reflects his rank
as PFC and his pay grade as E-3.

4.  The applicant completed AIT and was awarded primary MOS 94B in March
1968.  He later served in MOS 11B from July 1968 to December 1968 as a
rifleman in Vietnam.  However, there is no evidence of record which shows
he served in active ground combat while assigned in Vietnam.  Therefore, he
has not met the requirements for award of the CIB.

5.  The applicant received credit for participation in four campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be corrected to
show he is entitled to four bronze service stars for wear on his Vietnam
Service Medal.

6.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.  Therefore,
this foreign unit award should be added to his DD Form 214.

7.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 3 of the BOARD DETERMINATION/RECOMMENDATION section
below.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 14 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 13 July 1972.  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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

JA______  DD______  JH______  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative errors in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and the Vietnam Service Medal with four bronze service
stars.




                                  James Anderholm_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001065                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |YYYYMMDD                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111                                |
|2.                      |129.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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