RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 SEPTEMBER 2006
      DOCKET NUMBER:  AR20060001442


      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. Deborah L. Brantley           |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Paul Smith                    |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 award of the Combat Infantryman Badge.  He also
asks that his date of birth on his 1970 separation document be corrected to
show 1 October vice 10 October 1948 and that completion of the
Reconnaissance Sergeant and Liaison Specialist School be added to that
document.

2.  The applicant states he was attached to the 1st Battalion of the 2nd
Infantry while in Vietnam and believes he is entitled to the Combat
Infantryman Badge.

3.  The applicant provides a copy of his separation document, a copy of his
training certificate, and copies of photographs which he states provides
evidence of his attachment to the infantry unit.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 February 1970.  The application submitted in this case
is dated
20 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.  Records available to the Board indicate the applicant entered active
duty on
1 March 1967.  All of his enlistment documents and his security clearance
documents show his date of birth as 1 October 1948.

4.  The applicant was trained as a field artillery crewman (13B) and, with
the exception of performance as an artillery mechanic for several months
while assigned to an artillery unit in Germany, the applicant performed
duties in his primary specialty.

5.  In May 1969 the applicant was assigned to Vietnam.  Documents in his
records indicate that he was assigned to the 1st Battalion, 5th Artillery,
which was part of the 1st Infantry Division.  By August 1969 he had been
promoted to pay grade E-5.
6.  In September 1969 he completed the Reconnaissance Sergeant and Liaison
Specialty School, conducted by the 33rd Artillery in Lai Khe, Vietnam.

7.  Orders issued by the 1st Infantry Division in December 1969 and in
January 1970 indicate the applicant was still assigned to the 1st
Battalion, 5th Artillery.  In February 1970 the applicant returned to the
United States and on 22 February 1970 he was released from active duty with
an honorable characterization of service.  Photographs provided by the
applicant show various Soldiers in a variety of situations.  They do not
provide evidence that the applicant was attached to an infantry unit.

8.  The applicant's separation document reflects a date of birth of 10
October 1948.

9.  Army Regulation 635-5 establishes the policies and procedures for
completion and distribution of the DD Form 214.  In pertinent part it
states that item 25 (military education) will list formal in-service
training courses successfully completed during the period of service
covered by title, length in weeks, and month and year completed.  This
information is to assist the Soldier after separation in job placement and
counseling; therefore, training courses for combat skills are not listed.

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 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.

11.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry military occupational specialty (MOS)
and required that they must have served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.

12.  Army Regulation 672-5-1, in effect at the time when the service member
was discharged, required that throughout a qualifying period of service for
award of the Good Conduct Medal the enlisted person must have had all
“excellent” conduct and efficiency ratings and no convictions by a court-
martial.  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.  With the publication of the new Army Regulation 672-5-1, in 1974,
the requirement for all excellent conduct and efficiency ratings was
dropped and an individual was required to show that he/she willingly
complied with the demands of the military environment, had been loyal and
obedient, and faithfully supported the goals of his organization and the
Army.  Today, Army Regulation 600-8-22, which replaced Army Regulation 672-
5-1, notes that there is no automatic entitlement to the Army Good Conduct
Medal and disqualification must be justified.  Current practice requires
that the commander provide written notice of nonfavorable consideration and
permits the individual to respond.  Although the applicant did have one
"good" efficiency rating while undergoing training, it was for academic
reason, his remaining conduct and efficiency ratings throughout his
military service were excellent, and he had no record of any disciplinary
actions or incidents of misconduct.

13.  A review of Department of the Army Pamphlet 672-3 (Unit Citation and
Campaign Participation Credit Register) notes the applicant’s unit was
credited with participating in three designated campaigns (TET 69
Counteroffensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring 1970)
during the applicant’s period of assignment.  Three bronze service stars on
the Vietnam Service Medal, which is recorded on his separation document,
should reflect his campaign participation.  The applicant's unit was also
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation and
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
during his tenure with the organization.  The unit awards were also omitted
from his separation document.

DISCUSSION AND CONCLUSIONS:

1.  Evidence in available records confirm the applicant's birth date was
1 October vice 10 October 1948 as currently reflected on his separation
document.  The document should be corrected accordingly.

2.  The Reconnaissance Sergeant and Liaison Specialist School, which the
applicant completed while in Vietnam, would have enhanced a Soldier's
combat skills and hence would not have been recorded on the separation
document.

3.  Although there is no evidence which confirms the applicant was attached
to an infantry element, even if he were attached to such a unit he did not
hold an infantry specialty and as such he would not have met the
requirements for award of the Combat Infantryman Badge.

4.  The applicant completed a qualifying period of service for award of the
Army Good Conduct Medal on 22 February 1970.  There is no evidence his
commander ever disqualified him from receiving the award and no evidence of
any misconduct which would justify denying him the award.  In view of the
foregoing, the Board concludes that the applicant met the basic
qualifications for award of the Army Good Conduct Medal and it would be
appropriate and in the interest of equity to award him that decoration for
the period 1 March 1967 through 22 February 1970.

5.  The evidence also confirms the applicant is entitled to three bronze
service stars on his Vietnam Service Medal, a Republic of Vietnam Gallantry
Cross with Palm Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  His records should be corrected to
reflect that information.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 February 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 February 1973.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence or argument, it would
be in the interest of justice to excuse failure to timely file in this
case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___LS  __  __PS ___  ___AM__  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 Army Good Conduct Medal for the period 1 March
1967 to 22 February 1970;


      b.  showing that he is entitled to three bronze service stars on his
Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation; and


      c.  correcting the date of birth entry on his 1970 separation document
to show his birth date as 1 October vice 10 October 1948.


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 and inclusion of the Reconnaissance
Sergeant and Liaison Specialist School in his separation document.




                            _____ Linda Simmons_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001442                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.00                                  |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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