RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 August 2006
      DOCKET NUMBER:  AR20060003040


      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. Beverly A. Young              |     |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 the Combat Infantryman Badge (CIB) and a
Certificate of Completion for Communication be added to his DD Form 214
(Armed Forces of the United States Report of Transfer or Discharge).

2.  The applicant states he served and was engaged in active combat in
Vietnam. He states that his tour of duty was from 1966 through 1968.

3.  The applicant provides his DD Form 214 and a page from his DA Form 20
(Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 22 March 1968.  The application submitted in this case is dated 17 July
2005.

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 into the Army on 24 March 1966.  He
completed basic combat training and advanced individual training.

4.  Headquarters, 9th Infantry Division Special Orders Number 182, dated
22 September 1966, awarded the applicant military occupational specialty
(MOS) 36A (Wireman).

5.  Item 38 (Record of Assignments) on his DA Form 20 shows he was assigned
to Vietnam on 13 December 1966 with Headquarters and Headquarters Company,
2nd Battalion, 39th Infantry, 9th Infantry Division in duty MOS 36K as a
wireman.

6.  The applicant was awarded secondary MOS 11B20 by Headquarters,
9th Infantry Division Special Orders Number 173, dated 22 June 1967.

7.  He was promoted to specialist four on 26 August 1967.

8.  Headquarters, 9th Infantry Division Special Orders Number 256, dated
13 September 1967, awarded the applicant primary MOS 11B20 and withdrew
primary MOS 36K.

9.  The applicant’s DA Form 20 shows he was reassigned to Headquarters and
Headquarters Company, 214th Combat Aviation Battalion on 24 October 1967 in
duty MOS 11B20 as a security guard.

10.  The applicant departed Vietnam on 12 December 1967.

11.  The applicant was honorably released from active duty on 22 March
1968.  He completed 1 year, 11 months, and 29 days of active military
service with no days of lost time.  His DA Form 20 shows he received
conduct and efficiency ratings of "excellent" throughout his service.

12.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Republic of Vietnam Campaign Medal, the Vietnam Service Medal
with one bronze service star, and the Expert Marksmanship Qualification
Badge with Rifle Bar.

13.  The applicant’s service personnel records do not contain a Certificate
of Completion for Communication.

14.  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, at the time of applicant's
assignment to the 2nd Battalion, 39th Infantry, this unit was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Department of the Army General Orders (DAGO) Number 31, dated 1969.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of
applicant's assignment to the 214th Combat Aviation Battalion, this unit
was cited for award of the Meritorious Unit Commendation by DAGO Number 48,
dated 1968.

16.  Department of the Army Pamphlet 672-3 shows that, at the time of
applicant's assignment to the 214th Combat Aviation Battalion, this unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation by DAGO Number 46, dated 1969.



17.  Department of the Army Pamphlet 672-3 shows that, at the time of
applicant's assignment to the 214th Combat Aviation Battalion, this unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by DAGO Number 59, dated 1969.

18.  Army Regulation 600-8-22 provides, in pertinent part, that the CIB 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 CIB was
awarded only to enlisted individuals who held and served in MOS 11B, 11C,
11F, 11G, or 11H.

19.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

20.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.  This guidance also provides that when a single unit receives
duplicate awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation during the same period, then only one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation will be received in
official personnel records.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he served and was engaged in active combat
in Vietnam.

2.  The evidence of record shows the applicant served as a wireman with the
2nd Battalion, 39th Infantry, 9th Infantry Division in Vietnam from
December 1966 to October 1967.  He was later awarded MOS 11B and served as
a security guard with the 214th Combat Aviation Battalion in Vietnam.
There is no evidence of record which shows he held an infantry MOS while
assigned to an infantry unit during combat in Vietnam.  Therefore, he did
not meet the requirements for award of the CIB.

3.  The applicant’s service records do not indicate he received a
Certificate of Completion for Communication.  Therefore, there is
insufficient evidence on which to grant his request.

4.  It appears that the applicant has met the regulatory requirements for
award of the Army Good Conduct Medal for a qualifying period from 24 March
1966 through 22 March 1968.

5.  The applicant’s two units in Vietnam were awarded the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, so he is entitled to wear
one of those awards.  Therefore, his DD Form 214 should be corrected to
show two awards of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

6.  The applicant was assigned to a unit during a period it was awarded the
Meritorious Unit Commendation and the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation.  Therefore, these awards should be
added to his DD Form 214.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 March 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 21 March 1971.  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:

________  ________  ________  GRANT FULL RELIEF

WP______  JR______  KJ______  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:

      a.  awarding him the Army Good Conduct Medal for the period 24 March
1966 through 22 March 1968; and

      b.  adding the Army Good Conduct Medal, two awards of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, the Meritorious Unit
Commendation, and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation to his DD Form 214.

2.  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 CIB and a Certificate of Completion for Communication added to
his DD Form 214.




                            William Powers________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003040                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20060831                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schneider                           |
|ISSUES         1.       |107.0111                                |
|2.                      |100.0700                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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