RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        29 August 2006
      DOCKET NUMBER:  AR20060001091


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Paul M. Smith                 |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Ronald D. Gant                |     |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 he be awarded the Combat
Infantryman Badge and that it be added to his DD Form 214, Armed Forces of
the United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was not awarded the Combat
Infantryman Badge.  There was a change in his military occupational
specialty (MOS) at the time of his reassignment to an infantry unit.  This
is something he earned and that he is proud of and, as he gets older, it
really means something to him.

3.  The applicant adds that he was also awarded the Army Commendation Medal
while serving in an infantry unit in Vietnam from February 1969 to July
1969.

4.  In support of his application, the applicant submits a copy of a self-
authored letter to the Board which restates his request and details why he
believes he is entitled to award of the Combat Infantryman Badge.  He also
submits a copy of the orders which awarded him the Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 1 October 1969, the date of his release from
active duty.  The application submitted in this case is dated 13 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 limitation 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 records show that he was inducted into the Army of
the United States on 26 February 1968.  He completed basic combat
training at Fort Jackson, South Carolina, and his advanced individual
training at Fort Gordon, Georgia.  After completing all required
training, he was awarded the military occupational specialty (MOS), 11B
(Light Weapons Infantryman).
4.  The applicant served in Vietnam from 10 August 1968 through 29
September 1969.  On his arrival in Vietnam, he was assigned to Company A,
7th Support Battalion, 199th Infantry Brigade.  On 24 February 1969 he was
reassigned to Company A, 4th Battalion, 12th Infantry Regiment, within the
same brigade for duty as an automatic rifleman.  He later served as a team
leader.

5.  The applicant was honorably released from active duty, on 1 October
1969, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank/pay grade, Private
First Class/E-3.  On the date he was released from active duty, he had
completed 1 year, 7 months, and 6 days active military service, with no
days lost.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214
shows he was awarded the National Defense Service Medal, the Vietnam
Service Medal, and the Republic of Vietnam Campaign Medal.  The Combat
Infantryman Badge and the Army Commendation Medal are not shown on the
applicant's DD Form 214.

7.  The applicant was awarded the Army Commendation Medal, for meritorious
achievement, for the period 26 February 1969 to 25 July 1969, by General
Orders Number 2028, published by Headquarters, 199th Infantry Brigade
(Separate) (Light), on 22 November 1969.

8.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
he was assigned to Company A, 7th Support Battalion, 199th Infantry
Brigade, in the duty MOS/duty title of 71F20/Postal Clerk, for the period
24 August 1968 through 23 February 1969.

9.  On 30 January 1969, the applicant was promoted to the rank/pay grade of
Specialist Four/E-4 and awarded the primary MOS 71F (Postal Clerk) with an
effective date of 22 January 1969 and subsequently amended with an
effective date of 6 January 1969.  The MOS 11B was withdrawn as his primary
MOS and was awarded to him as a secondary MOS.

10.  On 19 February 1969, the applicant was reduced to the rank/pay grade
Private First Class/E-3 for misconduct.

11.  Item 38, of the applicant's DA Form 20, shows on 24 February 1969, the
applicant was reassigned to Company A, 4th Battalion 12th Infantry
Regiment, within the same brigade, for duty initially as an automatic
rifleman and later as a team leader in the MOS 11B.
12.  There are no orders in the applicant's military personnel records
awarding him the Combat Infantryman Badge.

13.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Combat Infantryman Badge.

14.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

15.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase V, which
extended from 1 July through 1 November 1968; the Vietnam Counteroffensive,
Phase VI, which extended from 2 November 1968 through 22 February 1969; the
Tet 69 Counteroffensive, which extended from 23 February through 8 June
1969; and the Vietnam Summer-Fall 1969, which extended from 9 June through
31 October 1969.

16.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and
Campaign Participation Credit Register, dated 29 January 1988, which
lists unit awards received by units serving in Vietnam, shows the unit
the applicant was initially assigned to, the 7th Support Battalion, was
awarded the Meritorious Unit Commendation, for the period 31 January
through 31 December 1968 and for the period 1 January 1969 through 30
June 1970, by Department of the Army General Orders (DAGO) Number 37,
dated 1970, and DAGO Number 50, dated 1971, respectively.  The unit was
also awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 26 August through 2 November 1968, by DAGO 43,
dated 1970; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation, for the period 12 December 1966 through 31 August
1970, by DAGO 51, dated 1971, as a subordinate assigned or attached unit
of the 199th Infantry Brigade.

17.  DA Pamphlet 672-3, also shows the second unit the applicant was
assigned to, the 4th Battalion, 12th Infantry Regiment, was awarded the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
for the same period and by the same authority as the 7th Support Battalion.
 The Board noted that these unit awards were made to the applicant's unit's
superior headquarters, the 199th Infantry Brigade, and the applicant's
units were recipients of these unit awards as subordinate assigned or
attached units of the 199th Infantry Brigade.

18.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

19.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.

20.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

21.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
the applicant earned the following marksmanship qualification badges on the
date shown:  the Marksman Marksmanship Qualification Badge, with Rifle Bar
[M-14 Rifle], on 1 April 1968 and the Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar [M-16 Rifle], in June 1968.  These
marksmanship qualification badges are not shown on his DD Form 214.

22.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

23.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided 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.  One overseas
service bar is authorized for each six-month period served in the
Republic of Vietnam.  To calculate the entitlement, both the month of
arrival and month of departure are counted as a whole month no matter the
number of days in that month that were spent in the hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence
must show that an applicant held and served in an infantry MOS while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, and must have served in active ground combat while assigned or
attached to this infantry unit.

2.  The applicant held and performed the duties related to an infantry MOS
in a company-sized infantry unit in Vietnam; however, there is insufficient
evidence to show that he served in active ground combat while assigned or
attached to this infantry unit.

3.  The applicant was awarded the Army Commendation Medal for meritorious
achievement; however, the orders for this award do not specify that the
achievement was in connection with military operations against a hostile
force.

4.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The applicant was awarded the Army Commendation Medal, for meritorious
achievement.  This award is not shown on the applicant's DD Form 214.  It
would be appropriate to add this award to his DD Form 214 at this time.

6.  The applicant served in four campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with four
bronze service stars, as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

7.  The applicant served in a unit, which was awarded the Meritorious Unit
Commendation, with oak leaf cluster; the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation; and the Republic of Vietnam Civil Actions
Honor Medal,
First Class, Unit Citation; while he was a member of the unit.  These unit
awards are not shown on his DD Form 214.  He is entitled to these unit
awards and to have them added to his DD Form 214.

8.  The applicant earned the Marksman Marksmanship Qualification Badge,
with Rifle Bar and the Expert Marksmanship Qualification Badge, with
Automatic Rifle Bar.  These badges are not shown on the applicant's DD Form
214.  He is entitled to have these badges added to his DD Form 214.

9.  The applicant served in Vietnam for a year, including the month of his
arrival in, and the month of his departure from Vietnam.  He is therefore
entitled to award of two overseas service bars and to have these bars added
to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__RDG__  __PMS__  _LMD___  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.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with four
bronze service stars, and two overseas service bars and adding these awards
to his DD Form 214;

      c.  awarding the applicant; the Meritorious Unit Commendation, with
oak leaf cluster; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation;
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation; and adding these unit awards to his DD Form 214; and

      d.  adding the already-awarded Army Commendation Medal; the Expert
Marksmanship Qualification Badge, with Automatic Rifle Bar; and the
Marksman Marksmanship Qualification Badge, with Rifle Bar; to his DD Form
214.

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 to the applicant and its addition to
his DD Form 214.




                            _____Paul M. Smith________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001091                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060829                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.  157                 |107.0111                                |
|3.  66                  |107.0020                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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