RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 August 2006
      DOCKET NUMBER:  AR20060001235


      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. Karl L. Briales               |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Shirley L. Powell             |     |Chairperson          |
|     |Ms. Rose M. Lys                   |     |Member               |
|     |Mr. John G. Heck                  |     |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 that his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) be corrected to show the Combat
Infantryman Badge (CIB).

2.  The applicant states he would like the CIB for family purposes.

3.  The applicant provides Headquarters, United States Army Vietnam Special
Orders Number 4, dated 4 January 1971, and a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1971.  The application submitted in this case is
dated
29 October 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's records show that he was inducted on 27 August 1969.
He completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The
applicant was assigned to Troop D, 3d Squadron 5th Cavalry while in the
Republic of Vietnam during the period 6 February 1970 through 30 March
1971.  He was honorably separated from active duty on 31 March 1971.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Enlisted Qualification Record) shows the award of the CIB.

5.  Headquarters, United States Army Vietnam Special Orders Number 4, dated
4 January 1971, shows the applicant was awarded the Combat Infantryman
Badge.



6.  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 military
occupational specialty (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 (formerly known as the Total Army Personnel 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.

7.  Review of the applicant's records indicate entitlement to additional
awards that are not shown on his DD Form 214.

8.  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 the unit to which the applicant
was assigned, Troop D, 3d Squadron 5th Cavalry, was cited for award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 52, dated 1971.

9.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.  The applicant's records indicate he
participated in the Vietnam Winter-Spring 1970, DA Sanctuary
Counteroffensive, and the Vietnam Counteroffensive Phase VII.

10.  Appendix B of Army Regulation 600-8-22 shows the applicant
participated in three campaigns during his tour of duty in Vietnam.  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to award of the Combat
Infantryman Badge.

2.  Special Orders awarded the applicant the Combat Infantryman Badge.
Therefore, he is entitled to correction of his records to show award of the
Combat Infantryman Badge.



3.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation which is not shown on his
separation document.  Therefore, he is entitled to correction of his
records to show this foreign unit award.

4.  Records show that the applicant participated in three campaigns during
his service in Vietnam.  Therefore, he is entitled to award of three bronze
service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
30 March 1974.  Although the applicant did not file within the ABCMR’s
statute of limitations, it is appropriate to waive failure to timely file
based on the relief being granted.

BOARD VOTE:

__slp___  __rml___  __jgh___  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 showing award of the Combat
Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and three bronze service stars to be affixed to his Vietnam
Service Medal.



                                  Shirley L. Powell
                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001235                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060815                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0094                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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