RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 September 2006
      DOCKET NUMBER:  AR20060003384


      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 Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Tucker                  |     |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.  He also
requests, in effect, that his dates of service in Vietnam be corrected on
his
DD Form 214 (Report of Transfer or Discharge) in item 30 (Remarks).

2.  The applicant provides no explanation.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 20 May 1970.  The application submitted in this case is dated
25 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 August 1968.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman) and later MOS
11F (infantry operations and intelligence specialist).  His DA Form 20
(Enlisted Qualification Record) shows he arrived in Vietnam on 21 October
1969.  He served in MOS 11B while assigned to Combat Support Company, 2nd
Battalion, 16th Infantry in Vietnam from 26 October 1969 through 24
December 1969.  He served in MOS 11F while assigned to Headquarters and
Headquarters Company, 2nd Battalion, 16th Infantry in Vietnam from 25
December 1969 through 19 March 1970.  He served in MOS 11B while assigned
to Company C, 1st Battalion, 327th Infantry in Vietnam from 20 March 1970
through 2 May 1970. On 20 May 1970, the applicant was released from active
duty in the rank of staff sergeant after completing 1 year, 9 months, and 2
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, and the Expert Marksmanship
Qualification Badge with Rifle Bar as authorized awards.  Item 30 on his DD
Form 214 shows, in pertinent part, the entry, “Ref [Reference] Item 22c
Vietnam 21Oct70 – 3May70.”

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

6.  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.

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

8.  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.

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 (2nd
Battalion, 16th 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 53, dated 1970.

10.  Department of the Army Pamphlet 672-3 also shows the applicant’s unit
(1st Battalion, 327th 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 48, dated 1971.

11.  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 during
the Vietnam era that the Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  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.

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.  Although the evidence of record shows the applicant held an infantry
MOS and served in an infantry MOS while briefly assigned to infantry
companies in Vietnam, there are no orders for the Combat Infantryman Badge.
 It appears to have been the commander's judgment that the applicant did
not meet the criteria for award of the Combat Infantryman Badge.  The Board
will not substitute its judgment for that of the commander.  Therefore,
there is insufficient evidence on which to base award of the Combat
Infantryman Badge in this case.

2.  Evidence of record shows the applicant arrived in Vietnam on 21 October
1969, not on 21 October 1970 as reflected in item 30 on his DD Form 214.
Therefore, item 30 on his DD Form 214 should be corrected to show this
date.

3.  The applicant was separated in the rank of staff sergeant with 21
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 19 August 1968 through 20 May 1970
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 three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

5.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

6.  The applicant's units received one award each of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation while he was
assigned to them.

7.  Records show the applicant should have discovered the alleged errors
now under consideration on 20 May 1970; therefore, the time for the
applicant to file a request for correction of any injustice expired on 19
May 1973.  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:

_WC____  _JR____  __DT____  GRANT FULL RELIEF

________  ________  ________ GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
determined during their review 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 the first award of the Good Conduct Medal for the period
19 August 1968 through 20 May 1970;

      b.  deleting the entry, “Ref Item 22c Vietnam 21Oct70 – 3May 70” in
item 30 on his DD Form 214;

      c.  adding the entry, “Ref Item 22c Vietnam 21Oct69 – 3May 70” in
item
30 on his DD Form 214; and

      d.  amending his DD Form 214 to add the Good Conduct Medal and to
show that he was awarded the Vietnam Service Medal with three bronze
service stars, the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, and two awards of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.

2.  The Board further determined that the evidence presented is sufficient
to award the applicant the Combat Infantryman Badge.  This determination is
based on a unanimous vote in that the applicant served in the appropriate
MOS, in an infantry unit, and in ground combat based on award of the Bronze
Star Medal.




                            __William Crain_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003384                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |100.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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