RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060003716


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, in effect, that he was given the Combat
Infantryman Badge for his time in combat as an infantryman in Vietnam;
however, he recently discovered the badge is not recorded on his discharge
document.  He also states, in effect, the fact that he was assigned to the
101st Airborne Division is proof of his being an infantryman in combat in
Vietnam.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of 4
April 1970, and DA Form 20 (Enlisted Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
4 April 1970, the date of his release from active duty.  The application
submitted in this case is dated 28 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's military service records show that he was inducted into
the U.S. Army on 27 March 1968.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded military
occupational specialty (MOS) 11B (Light Weapon Infantryman).

4.  The applicant's military service records show that he was assigned to
Company A, 3rd Battalion (Airmobile), 187th Infantry, 101st Airborne
Division in Vietnam from 19 September 1968 through 20 December 1968.  His
military service record also shows that on 31 December 1968 he was
medically evacuated from Vietnam to Martin Army Hospital, Fort Benning,
Georgia.  He was honorably separated from the U.S. Army on 4 April 1970
after serving on active duty for a total of 2 years and 1 day.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the National
Defense Service Medal, Vietnam Service Medal, and Republic of Vietnam
Campaign Medal with "1960" Device.

6.  The applicant's DA Form 20, Item 31 (Foreign Service), shows that he
served in the Republic of Vietnam from 31 August 1968 through 31 December
1968.  Item 39 (Campaigns) and Item 40 (Wounds) of this document are absent
any entries.  The applicant's name is not listed on The Adjutant General,
Casualty Division's, Vietnam Casualty Roster.

7.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Combat Infantryman Badge.

8.  A review of the applicant's military service records reveals that he
may be entitled to additional awards that are not shown on his DD Form 214.

9.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam and shows that the applicant participated in the
Vietnam Counteroffensive Phase V and Vietnam Counteroffensive Phase VI
campaigns.

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 that, at the time of the
applicant's assignment to the 3rd Battalion, 187th Infantry (Vietnam), the
unit was cited for award of the Presidential Unit Citation by Headquarters,
Department of the Army, General Orders 38 (1971).  This document also shows
that at the time of the applicant's assignment to the 3rd Battalion, 187th
Infantry (Vietnam), the unit was cited for award of the Meritorious Unit
Commendation by Headquarters, Department of the Army, General Orders Number
22 (1976).

11.  Department of the Army Pamphlet 672-3 also lists the foreign unit
awards received by units serving in Vietnam.  This document shows that at
the time of the applicant's assignment to the 3rd Battalion, 187th Infantry
(Vietnam), the unit was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation by Headquarters, Department of the Army, General
Orders Number 43 (1970).  This document also shows that at the time of the
applicant's assignment to the
3rd Battalion, 187th Infantry (Vietnam), the unit was cited for award of
the Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
by Headquarters, Department of the Army, General Orders Number 48 (1971).

12.  The applicant's records show that Headquarters, U.S. Army Training
Center, Infantry, Fort Dix, New Jersey, Special Orders Number 140, dated 19
May 1968, awarded the applicant the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.

13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “[t]he Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day-to-day combat.”  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers and to enlisted
Soldiers who have an infantry MOS and required that they must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  Award of the Combat Infantryman Badge
during the Vietnam era was announced in unit special orders, normally
published at battalion or brigade level.

14.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

15.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination, and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

16.  Army Regulation 600-8-22, provides, in pertinent part, that effective
1 March 1961 the Meritorious Unit Commendation was authorized for units
and/or detachments of the Armed Forces of the United States for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months in support of military
operations.


17.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

18.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

19.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge because he served as an infantryman in combat while
assigned to the
101st Airborne Division in Vietnam.  However, he provides insufficient
documentary evidence in support of his claim.

2.  The evidence of record shows that the applicant was assigned to Company
A, 3rd Battalion (Airmobile), 187th Infantry in Vietnam and served as a
rifleman with the unit from 19 September 1968 to 20 December 1968.
However, there is no evidence of record that shows the applicant served in
active ground combat while with the unit, nor are there any orders that
show the applicant was awarded the Combat Infantryman Badge.  Therefore,
there is insufficient evidence upon which to base award of the Combat
Infantryman Badge in this case.

3.  Records show that the applicant served in two campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 2
bronze service stars to be affixed to his Vietnam Service Medal.

4.  General Orders awarded the applicant's unit the Presidential Unit
Citation. Therefore, it would be appropriate to correct his records to show
this unit award.

5.  General Orders awarded the applicant's unit the Meritorious Unit
Commendation.  Therefore, it would be appropriate to correct his records to
show this unit award.
6.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

7.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

8.  Special Orders awarded the applicant the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to show this badge.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 April 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
3 April 1973.  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.

10.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___CD_ _  __JLP___  __RMN__  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Vietnam Service Medal with 2 bronze service
stars, Presidential Unit Citation, Meritorious Unit Commendation, Republic
of Vietnam Gallantry Cross with Palm Unit Citation, Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation, and Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.




                                  _        Carmen Duncan____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003716                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19700404                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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