RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 August 2006
      DOCKET NUMBER:  AR20060001459


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dean A. Camarella             |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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 (Certificate of Release or
Discharge from Active Duty) be corrected to show award of the Combat
Infantryman Badge (CIB).

2.  The applicant states that his DD Form 214 does not show award of the
CIB he earned for his Infantry duties in Vietnam from 15 January 1969 to 15
January 1970.

3.  The applicant provides a copy of his DD Form 214, and a copy of a 199th
Infantry Brigade Association certificate.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
26 June 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.  The applicant's records show that he was inducted on 16 July 1968.  He
completed basic combat training and advanced individual training and was
awarded the military occupational specialty (MOS) 11B10 (Infantryman).  The
applicant was assigned to Company C, 2nd Battalion, 3d Infantry, 199th
Infantry Brigade, and served a tour of duty in the Republic of Vietnam
during the period
15 January 1969 through 14 January 1970.  The applicant was honorably
separated from active duty on 26 June 1970.

4.  Item 24 (Decorations, Medals, Badges, Commendations and Campaign
Ribbons Awarded or Authorized) of his DD Form 214 does not show the
applicant was awarded the CIB.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20
(Personnel Qualification Record) does not show award of the CIB.

6.  There are no orders in the available records which show the applicant
was awarded the CIB.

7.  The applicant's records shows he was an Infantryman assigned to a
infantry unit while assigned to the Republic of Vietnam.  However, there
is no evidence to show that he served in active ground combat while
serving in an assigned infantry primary duty, in a unit actively engaged
in ground combat with the enemy.

8.  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.

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

10.  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 to, Company C, 2nd Battalion, 3d Infantry, 199th Infantry
Brigade, was cited for award of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation based on Department of the Army General Orders
Number 51, dated 1971, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation based on Department of the Army General
Orders Number 31, dated 1971.

11.  The applicant's DD Form 214 shows he was awarded the Vietnam Service
Medal with two bronze service stars indicating campaign credit.  However,
the applicant's records indicate he participated in the Vietnam
Counteroffensive, Phase VI, TET 69 Counteroffensive, Vietnam Summer-Fall
1969, and the Vietnam Winter-Spring 1970 campaigns.

12.  Appendix B of Army Regulation 600-8-22 shows that the applicant
participated in four 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 that he is entitled to award of Combat
Infantryman Badge for his service in Vietnam.

2.  There are no general orders that show the applicant was awarded the
Combat Infantryman Badge.

3.  Although records show the applicant was an Infantryman assigned to an
Infantry unit in the Republic of Vietnam, there is insufficient evidence in
the available records and the applicant did not provide sufficient
evidence, to show he served in active ground combat while performing duties
in the Republic of Vietnam.  Therefore, there is insufficient evidence to
show he was awarded the Combat Infantryman Badge.

4.  There is no indication that his chain of command initiated action to
award him the Combat Infantryman Badge.  The absence of such evidence tends
to support the Board’s conclusion that the applicant was not engaged in
active ground combat and as such did not meet an essential requirement for
award of the Combat Infantryman Badge.

5.  In order to justify correction of a military record the applicant must
show to the satisfaction of the Board, or it must otherwise satisfactorily
appear, that the record is in error or unjust.  The applicant has failed to
submit evidence that would satisfy this requirement.

6.  In view of the foregoing, there is no basis for granting the
applicant's request.

7.  General Orders show the applicant was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Valorous Unit Award, and the
Vietnam Civil Actions Honor Medal First Class Unit Citation which are not
shown on his separation document.  Therefore he is entitled to correction
of his records to show these two foreign unit awards.

8.  Records show that the applicant participated in the four campaigns
during his service in Vietnam.  Therefore is eligible for award of four
bronze service stars to be affixed to his Vietnam Service Medal.




9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 June 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
25 June 1973.  The applicant did not file within the 3-year statute of
limitations and has not provided a compelling explanation or evidence to
show that it would be in the interest of justice to excuse failure to
timely file in this case.

10.  Evidence shows that the applicant’s records contain administrative
error which does 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__rtd___  __dac___  __rmn___  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 error 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, Vietnam Civil Actions Honor Medal First Class Unit
Citation and two more bronze service stars for wear on his already awarded
Vietnam Service Medal with two bronze service stars.



                                        Richard T. Dunbar
                                  ______________________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060001459                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060817                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0094                                |
|3.                      |107.0095                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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