RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060002581


      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. Wanda L. Waller               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William Powers                |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Ms. Karmin Jenkins                |     |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.

2.  The applicant states that although his military occupational specialty
(MOS) was 45K20 (maintenance mechanic) he was in many combat situations.
He contends that he volunteered for and was put into a tank crew as a
mechanic and that he went wherever the tank crew was sent.  He states that
he spent most of his tour of duty in Vietnam in the field under combat
conditions.  He also contends that he suffers from Post-Traumatic Stress
Disorder.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge); and orders for the Army Commendation Medal, the Bronze Star
Medal, and the Bronze Star Medal with First Oak Leaf Cluster.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 June 1971.  The application submitted in this case is dated
10 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 was inducted on 12 June 1968.  On 17 June 1968, he was
honorably discharged to enlist in the Regular Army.  He enlisted in the
Regular Army on 18 June 1968 for a period of 3 years.  He was awarded MOS
45G (turret artillery repairman) and later MOS 45K (tank turret repairman).
 He arrived in Vietnam on 10 December 1968.  He served in MOS 45K assigned
to Headquarters and Headquarters Troop, 1st Squadron, 4th Cavalry of the
1st Infantry Division in Vietnam from 17 December 1968 through 27 March
1970. He served in MOS 45K assigned to the 156th Heavy Equipment
Maintenance Company in Vietnam from 28 March 1970 through 18 July 1970.  On
18 June 1971, the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, the Army Commendation Medal, the Bronze Star Medal, the Bronze
Star Medal with First Oak Leaf Cluster, three awards of the Overseas
Service Bar, and the Expert Marksmanship Qualification Badge as authorized
awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

6.  Headquarters, 1st Infantry Division General Orders Number 3501, dated
4 May 1969, show the applicant received the Army Commendation Medal for
meritorious achievement for the period 18 March 1969 to 29 March 1969.

7.  Headquarters, 1st Infantry Division General Orders Number 15416, dated
16 November 1969, show the applicant received the Army Commendation Medal
for meritorious service for the period January 1969 to September 1969.

8.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

9.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

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 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 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.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Army Commendation Medal.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.


DISCUSSION AND CONCLUSIONS:

1.   Evidence of record shows the applicant held and served in MOS 45K
during his assignment in Vietnam.  There is no evidence of record which
shows the applicant held an infantry MOS and served in active ground combat
while an assigned member of an infantry unit of brigade or smaller size in
Vietnam.  Therefore, there is insufficient evidence on which to base award
of the Combat Infantryman Badge in this case.

2.  The applicant’s DD Form 214 shows one award of the Army Commendation
Medal.  However, orders show he received two awards of the Army
Commendation Medal.  Therefore, his DD Form 214 should be corrected to show
the Army Commendation Medal with First Oak Leaf Cluster.

3.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

4.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.  Therefore, his DD Form 214
should be corrected to show this award.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 18 June 1971; therefore, the time for the applicant
to file a request for correction of any error expired on 17 June 1974.  The
applicant did not file within the 3-year statute of limitations; however,
based on the available evidence, it would be in the interest of justice to
excuse failure to timely file in this case.

6.  Evidence shows that the applicant’s records contain administrative
errors which do 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

WP_____  _JR_____  _KJ_____  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 an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the
CMSD-St. Louis administratively correct the records of the individual
concerned to add the Army Commendation Medal with First Oak Leaf Cluster,
the Vietnam Service Medal with three bronze service stars, and the Republic
of Vietnam Gallantry Cross with Palm Unit Citation.




                            ___William Powers_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002581                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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