RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060002454


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. 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 he be awarded the Combat Infantryman Badge.

2.  The applicant states he believes he is entitled to the Combat
Infantryman Badge because he served as a forward observer with an infantry
unit.  He was assigned to Headquarters and Headquarters Battery, 7th
Battalion, 11th Artillery Regiment, 25th Infantry Division and served, on
TDY (temporary duty) orders, with the 1st Battalion, 8th Artillery
Regiment; and Headquarters and Headquarters Company, 2nd Battalion, 14th
Infantry Regiment.

3.  The applicant provides an envelope showing his changed unit address.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 30 December 1968.  The application submitted in this case
is dated 15 October 2005 but was not received until 17 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 record shows the applicant was inducted and entered active duty on
10 January 1967, completed training, and was awarded the military
occupational specialty (MOS) 82C (Artillery Surveyor).

4.  Headquarters, 2nd Battalion, 44th Artillery Special Orders Number 85
shows the applicant qualified with the M-14 rifle and awarded him the
Expert Marksmanship Badge with Rifle Bar on 27 February 1967.

5.  Headquarters, 2nd Battalion, 44th Artillery Special Orders Number 9
shows the applicant qualified with the M-16 rifle and awarded him the
Marksman Marksmanship Badge with Rifle Bar on 15 January 1968.

6.  Headquarters, 25th Infantry Division General Orders Number 9092, dated
25 December 1968, awarded the applicant the Army Commendation Medal for
meritorious service in connection with military operations against a
hostile force.

7.  The applicant was honorably released, as a specialist four (E-4), from
active duty on 30 December 1968 and transferred to the USAR
(Reinforcement).  He had completed 1 year, 11 months, and 21 days of
creditable service

8.  The DD Form 214 (Report of Transfer or Discharge) lists the applicant’s
awards as the National Defense Service Medal, the Vietnam Service Medal,
the Republic of Vietnam Campaign Medal, and qualification with the M-14 and
M-16 rifles, the level is not denoted.

9.  His DA Form 20 (Enlisted Qualification Record) lists his record of
assignments in Vietnam with Headquarters and Headquarters Battery (HHB),
7th Battalion, 11th Artillery Regiment, 25th Infantry Division in the duty
MOS of 82C, as an instrument operator, from 31 March 1968 through 29
December 1968.

10.  The record contains no documentation of assignment to any unit in
Vietnam except HHB, 7th Battalion, 11th Artillery Regiment, 25th Infantry
Division.

11.  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 that while the applicant was
assigned to the 7th Battalion, 11th Artillery Regiment, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, and the Valorous Unit Award.

12.  Army Regulation 600-8-22 (Military Awards) provides that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency, and fidelity during a qualifying period of active duty
enlisted service.  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.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.  Current practice
requires that the commander provide written notice of nonfavorable
consideration and permits the individual to respond.  At that time,
unfavorable consideration was normally noted on the DA Form 20.  A record
of punishment is not automatically disqualifying.  However, at that time, a
single efficiency rating of less than excellent was disqualifying.


13.  Army Regulation 600-8-22, paragraph 8-6 sets forth the Army policy and
procedures for award of the CIB.  In effect, that paragraph states that
there are three basic requirements for award of the CIB.  The enlisted
Soldier must have an infantry specialty, he must be satisfactorily
performing infantry duties while assigned or attached to an infantry unit
of brigade, regimental, or smaller size during any period such unit was
engaged in active ground combat, and he must be personally present and
under hostile fire while serving in that unit.  The Awards Branch, 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.

14.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following four campaign periods:  the Tet Counteroffensive, 30
January 1968 - 1 April 1968; the Counteroffensive Phase IV, 2 April 1968 –
30 June 1968; the Counteroffensive Phase V, 1 July 1968 – 1 November 1968;
and the Counteroffensive Phase VI, 2 November 1968 - 22 February 1969.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is not shown to have been awarded or served in an
infantry MOS and as such does not meet the requirements for award of the
Combat Infantryman Badge.

2.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his conduct and efficiency ratings, his personal
decorations, and his promotion to E-4.  The record contains no indication
of any disqualifying incidents or recommendations.  It is appropriate to
award the applicant the Good Conduct Medal for his period of service from
10 January 1967 through 30 December 1968.

3.  In addition to the awards listed on the DD Form 214, the applicant is
also authorized award of the Army Commendation Medal, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, the Valorous Unit
Award, the Expert
Marksmanship Qualification Badge with Rifle Bar (for the M-14), Marksman
Marksmanship Qualification Badge with Rifle Bar (for the M-16), and to wear
four bronze service stars on his Vietnam Service Medal.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LDS __  __AM___  __PMS__  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 awarding the applicant
the Good Conduct Medal for his period of service from 10 January 1967
through 30 December 1968.

2.  The Board further determined that, in addition to the awards listed on
the DD Form 214, the applicant is also authorized award of the Army
Commendation Medal, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation, the Valorous Unit Award, the Expert Marksmanship
Qualification Badge with Rifle Bar, Marksman Marksmanship Qualification
Badge with Rifle Bar, and four bronze service stars to be worn on the
Vietnam Service Medal.

3.  The entry "M-14 M-16" on the DD Form 214 at item 27 (Decorations)
should be deleted.

4.  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.




                                  __     Linda D. Simmons_____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060002554                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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