RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060003592


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Md. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Paul M. Smith                 |     |Member               |
|     |Ms. Alice Muellerweiss            |     |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 that his records be corrected by awarding him
the Combat Infantryman Badge (CIB).

2.  The applicant states he served in the field pulling duty at observation
posts, landing zones (LZ), and rotating patrols.  He found the Combat
Infantryman Badge was not on either of his DD Forms 214 (Report of
Separation or Discharge).

3.  The applicant provides copies of two DD Forms 214 and a set of General
Orders for the award of an Army Commendation Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 April 1974.  The application submitted in this case is
dated 31 January 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 entered active duty on 3 July 1967, he completed the
training requirements and he was awarded military occupational specialty
(MOS) 36K (Field Wireman).  He served until he was honorably released and
transferred to the United States Army Reserve on 6 July 1970.  He had a
short break in service.

4.  The applicant reenlisted on 27 April 1971 and he served until he was
honorably separated on 26 April 1974.  He had completed 6 years and 4 days
of active service with 9 months and 20 days of inactive service.  His DD
Form
24 also shows that his primary MOS was MOS 36K and his secondary MOS was
MOS 95B (Military Police).


5.  The applicant’s DA Form 20 (Enlisted Qualification Record), in
pertinent part, indicates at:

      a.  Item 22 (MOS); 36K, Field Wireman and 95B Military Policeman; and

      b.  Item 38 (Record of Assignments); duty in Vietnam as either a
Wireman or a Security Guard in MOS 36K and 95B, respectfully.

6.  The applicant was awarded the Army Commendation Medal with one Oak Leaf
Cluster, the Good Conduct Medal, the National Defense Service Medal, the
Vietnam Service Medal with two silver service stars and one bronze service
star, the Republic of Vietnam Campaign Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, the Valorous Unit Emblem, and the
Expert Marksmanship Qualification Badge with Rifle, Automatic Rifle, and
Pistol Bars.

7.  Army Regulation 600-8-22 prescribes Army policy and procedures
concerning awards.  Paragraph 8-6 provides for award of the CIB.  That
paragraph states that there are basically three requirements for award of
the CIB.  The Soldier must be an infantryman satisfactorily performing
infantry duties, he must be assigned to an infantry unit during such time
as the unit is engaged in active ground combat, and he must actively
participate in such ground combat.  Specific requirements state, in effect,
that an Army enlisted Soldier must have an infantry or special forces
specialty, satisfactorily performed duty while assigned or attached as a
member of an infantry, ranger or special forces unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was not awarded an infantry MOS and as such he is not
entitled to award of the Combat Infantryman Badge.

2.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 April 1974; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 25 April 1977.  The applicant did not file within the 3-year
statute of limitations and has not provided a compelling explanation or
evidence to show that it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_LDS___  __AM_  __  _PMS___  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.




                                  __Linda D. Simmons____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060003592                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            | 20060928                               |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |




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