RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         26 September 2006
      DOCKET NUMBER:  AR20060002077


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla J. N. Troup             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he should have received the CIB based
on his combat service in the Republic of Vietnam (RVN).  He further
indicates he was wounded in action while on patrol on 6 January 1968, and
as a result, he was awarded the PH.

3.  The applicant provides no additional documentary evidence in support of
his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 11 April 1969, the date of his separation from active
duty.  The application submitted in this case is dated 2 February 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 record shows he was inducted into the Army and entered
active duty on 7 July 1967.  He was trained in, awarded, and served in
military occupational specialty (MOS) 11B (Infantryman), and the highest
rank he attained while serving on active duty was specialist four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the RVN from 9 December 1967 through 12 January 1968.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company A, 2nd Battalion, 7th Cavalry Regiment, performing duties in MOS
11B as a rifleman.  It also shows that he received "Excellent" conduct and
efficiency ratings at each of his active duty assignments.  Item 40
(Wounds) shows that he was wounded in action on 6 January 1968, and Item 41
(Awards and Decorations) shows he was awarded the PH.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information, or of a unit commander disqualification that would
have precluded him from receiving the Army Good Conduct Medal (AGCM).

6.  On 7 July 1969, the applicant was honorably separated after completing
a total of 1 year, 9 months, and 5 days of active military service.  The
separation document (DD Form 214) he was issued shows he earned the
following awards during his active duty tenure:  PH; National Defense
Service Medal; RVN Campaign Medal; Vietnam Service Medal (VSM); Expert
Qualification Badge with Machine Gun Bar; and Marksman Qualification Badge
with Rifle Bar.

7.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized for each RVN
campaign a member is credited with participating in.

8.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded for honorable
active duty service during a qualifying period.  This period is 3 years,
except in the case of the first award, in which case a period of more than
1 year is a qualifying period if awarded at the termination of a period of
Federal military service.  Although there is no automatic entitlement to
the AGCM, disqualification must be justified.

9.  Chapter 8 of the award regulations contains guidance on award of combat
badges.  It states, in pertinent part, that the CIB 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.  In
similar cases, the Awards Branch of the Human Resources Command (HRC) has
advised 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.

10.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault-landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 7th Cavalry
Regiment) earned the RVN Gallantry Cross with Palm Unit Citation, RVN Civil
Actions Honor Medal First Class Unit Citation, and that campaign credit was
granted for the Vietnam Counteroffensive Phase III campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered and found to have merit.  By regulation, in order to support
award of the CIB, there must be evidence that the member held an infantry
MOS, that he served in a qualifying infantry unit of brigade, regimental,
or smaller size, and that he was present and personally participated with
the unit while it was actively engaged in ground combat with enemy forces.


2.  In this case, the applicant's record confirms he held and served in an
infantry MOS while serving in the RVN.  It also shows that he was assigned
to qualifying infantry type unit, and that he was awarded the PH for being
wounded in action with enemy forces in the RVN on 6 January 1968, which
confirms his personal participation in active ground combat.  Therefore,
the regulatory burden of proof necessary to support award of the CIB has
been satisfied in this case.

3.  The applicant's record also confirms that he received "Excellent"
conduct and
efficiency ratings at all of his active duty assignments.  Further, the
record is void
of any derogatory information or a specific disqualification by any of the
active
duty unit commanders for whom he served.  As a result, it would be
appropriate
to award him the first award of the AGCM, for his qualifying period of
honorable active duty service from 7 July 1967 through 11 April 1969.

4.  The evidence of record also shows that based on his RVN service and
campaign participation, the applicant is also entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and 1 bronze service star with his VSM.  Therefore, it would
also be appropriate to add these awards to his record and separation
document at this time

BOARD VOTE:

___MJNT   __CAD _  __EEM   _  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 awarding him the Combat Infantryman
Badge and Army Good Conduct Medal; by showing his entitlement to the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation, and 1 bronze
service star with his Vietnam Service Medal; and by providing him a
correction to his separation document that includes these awards.




                            _____Marla J. N. Troup___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002077                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2006/09/26                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/04/11                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |Disability                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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