RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 August 2006
      DOCKET NUMBER:  AR20060002619


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. John Meixell                  |     |Member               |
|     |Mr. Jerome Pionk                  |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) for the period ending 14 September 1972 to show the
Combat Infantryman Badge.

2.  The applicant states he was awarded the Combat Infantryman Badge in
October 1969 and it was never posted on his DD Form 214.  He contends that
60 days after serving as a rifleman assigned to Company D, 5th Battalion,
46th Infantry of the 198th Infantry Brigade he received orders for the
Combat Infantryman Badge.

3.  The applicant provides two pages of his DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 14 September 1972.  The application submitted in this case is
dated 6 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 19 March 1969.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman).  He arrived
in Vietnam on 17 August 1969.  He served in MOS 11B assigned to Company D,
5th Battalion, 46th Infantry, 198th Infantry Brigade in Vietnam from 29
August 1969 until he was honorably discharged on 22 November 1969 for
immediate reenlistment.

4.  The applicant’s DD Form 214 for the period ending 22 November 1969
shows the National Defense Service Medal and the Vietnam Service Medal as
authorized awards.

5.  The applicant reenlisted on 23 November 1969 for a period of 3 years.
He was assigned to the 23rd Administration Company in Vietnam from 27
November 1969 through 16 August 1970.  On 14 September 1972, the applicant
was released from active duty.

6.  The applicant’s DD Form 214 for the period ending 14 September 1972
shows the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal with Device 1960, the Army Commendation
Medal (for meritorious service in connection with military operations
against a hostile force in Vietnam during the period August 1969 to August
1970), two awards of the Overseas Service Bar, and the Expert Marksmanship
Qualification Badge with Rifle Bar as authorized awards.

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

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

9.  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 applicant's unit (23rd
Administration Company) is entitled to award of the Meritorious Unit
Commendation for actions during the period 1 September 1969 to 31 January
1971 based on Department of the Army General Orders Number 32, dated 1963.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit
(23rd Administration Company) is entitled to award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation based on Department of the
Army General Orders Number 42, dated 1972.

11.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit
(5th Battalion, 46th Infantry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 11, dated 1973.

12.  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.

13.  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 an infantry MOS and served
in an infantry MOS while assigned to an infantry company in Vietnam from
29 August 1969 through 22 November 1969.  He also received the Army
Commendation Medal for meritorious service in connection with military
operations against a hostile force in Vietnam during the period August 1969
to August 1970.  Therefore, there is sufficient evidence on which to amend
his DD Form 214 for the period ending 14 September 1972 to show the Combat
Infantryman Badge.

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

3.  The applicant's units received the Meritorious Unit Commendation, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to them.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 14 September 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 13
September 1975.  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.

BOARD VOTE:

LS______  __JM____  __JP____  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 amending his DD Form 214 for the
period ending
14 September 1972 to show that he was awarded the Combat Infantryman Badge,
the Vietnam Service Medal with four bronze service stars, the Meritorious
Unit Commendation, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.



                            __Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002619                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060822                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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