RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 October 2006
      DOCKET NUMBER:  AR20060003085


      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. Patrick McGann                |     |Chairperson          |
|     |Mr. David Gallagher               |     |Member               |
|     |Mr. Roland Venable                |     |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 he should have been awarded the Combat
Infantryman Badge for his active service in field combat as a rifleman.  He
contends that he was part of a rifle squad of Company D, 5th Battalion, 7th
Cavalry of the 1st Air Cavalry Division in Vietnam during March/April 1968.

3.  The applicant provides a statement of support from his Executive
Officer at the time in question, dated 4 February 2006; a statement of
support from the company clerk at the time in question, dated 31 August
2005; two pages of his DA Form 20 (Enlisted Qualification Record); an
Honorable Discharge Certificate; five special orders; and a copy of his DD
Form 214 (Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
3 April 1969.  The application submitted in this case is dated 18 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 28 August 1967.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman).  He arrived
in Vietnam on 15 February 1968.  He served in MOS 11B while assigned to
Company D, 5th Battalion, 7th Cavalry of the 1st Cavalry Division in
Vietnam from 21 February 1968 through 22 April 1968.  He served in MOS 81E
(illustrator) while assigned to the 15th Administration Company in Vietnam
from 23 April 1968 through 31 March 1969.  On 3 April 1968, the applicant
was released from active duty in the temporary rank of specialist five
after completing 1 year, 7 months, and 6 days of creditable active service
with no time lost.

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 Bronze Star Medal for meritorious service in connection
with military operations against a hostile force in Vietnam, and two awards
of the Overseas Service Bar as authorized awards.

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

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
6797, dated 29 June 1968, show the applicant received the Army Commendation
Medal with “V” Device for heroism on 21 March 1968 in Vietnam.  The
citation states, in pertinent part, that “while serving as a rifleman with
Company D, 5th Battalion, 7th Cavalry during a search and destroy mission
in Nui Ong Gio, Republic of Vietnam.  When his unit became heavily engaged
with a large enemy force, [the applicant’s name] exposed himself to the
hostile fire to provide suppressive fire for his squad to move to a more
secure position.”

7.  In support of his claim, the applicant provided letters of support from
the Executive Officer of his infantry company and the company clerk at the
time in question.

8.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records do
not contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

9.  Records show the applicant participated in five campaigns during his
assignment in Vietnam.

10.  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 (15th
Administration Company) is entitled to the Meritorious Unit Commendation
for actions during the period 1 October 1967 to 30 June 1969 based on
Department of the Army General Orders Number 51, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(5th Battalion, 7th Cavalry) is entitled to award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation based on Department of the
Army General Orders Number 59, dated 1969.

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 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
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

14.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

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.  He
also received the Bronze Star Medal and the Army Commendation Medal with
“V” Device for heroism in connection with military operations against a
hostile force.  Therefore, there is sufficient evidence on which to base
award of the Combat Infantryman Badge in this case.

2.  Orders show the applicant received the Army Commendation Medal with “V”
Device.

3.  The applicant was separated in the temporary rank of specialist five
with 19 months of creditable active service with no time lost.  Therefore,
it appears the applicant met the eligibility criteria for the first award
of the Good Conduct Medal for the period 28 August 1967 through 3 April
1969 based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.
4.  The applicant participated in five campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service stars.

5.  The applicant’s unit (15th Administration Company) was cited for the
Meritorious Unit Commendation while he was assigned to it.

6.  The applicant’s unit (5th Battalion, 7th Cavalry) was cited for the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while he was
assigned to it.

7.  Records show the applicant should have discovered the alleged error now
under consideration on 3 April 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 2 April 1972.  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:

PM_____  _DG____  _RV____  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:

      a.  awarding him the Combat Infantryman Badge;

      b.  awarding him the first award of the Good Conduct Medal for the
period 28 August 1967 through 3 April 1969; and

      c.  amending his DD Form 214 to add the Combat Infantryman Badge, the
Good Conduct Medal, the Army Commendation Medal with “V” Device, the
Meritorious Unit Commendation, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and to show that he was awarded the Vietnam Service
Medal with one silver service star.



                            _Patrick McGann___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003085                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061011                                |
|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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