RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 October 2006
      DOCKET NUMBER:  AR20060003920


      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. Dean L. Turnbull              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Ms. Sherry J. Stone               |     |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, in effect, to be awarded the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, that he served in Vietnam as a combat
veteran and should have been awarded the CIB.

3.  The applicant does not provide any additional documentation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 March 1970, the date of his release from active duty.  The
application submitted in this case is dated 6 March 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 records show that he was inducted in the Army of the
United States on 23 April 1968.  He successfully completed basic combat
training and advanced individual training and was awarded the military
occupational specialty (MOS) 95B10 (Military Police).

4.  He was assigned to Headquarters and Headquarters Company (HHC),  
31st Engineer Battalion in the Republic of Vietnam during the period 6
April  
1969 to 18 March 1970.  During this assignment the applicant performed
duties as a tool room keeper in MOS 62B, light truck driver in MOS 64A, and
as a wheel vehicle repairman in MOS 63B.

6.  On 21 March 1970, the applicant was honorably released from active
duty.  He had served 1 year, 10 months, and 29 days of active service.

7.  Item 24 of the DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows the applicant was awarded the National Defense
Service Medal, Vietnam Service Medal, Republic of Vietnam Campaign Medal,
Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with
Rifle Bar (M-14), Expert Marksmanship Qualification Badge with Rifle Bar (M-
16) and two Overseas Service Bars; however, it does not show the award of
the CIB.

8.  There are no orders in the applicant's records awarding him the CIB.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the CIB is awarded to infantry officers and to enlisted and warrant
officer persons who have an infantry military occupational specialty.  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 (formerly known as the Total Army
Personnel 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.

10.  A review of the applicant's records show that he is entitled to
additional awards, which are not listed on his DD Form 214.

11.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

12.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
based on the applicant's dates of service in the Republic of Vietnam, he
participated in the TET 69 Counteroffensive (23 February 1969 – 8 June
1969), Vietnam Summer-Fall 1969 (9 June 1969 – 31 October 1969), and
Vietnam Winter-Spring 1970 (1 November 1969 – 30 April 1970).  This same
regulation states that a bronze service star will be awarded for wear on
the Vietnam Service Medal for participation in each campaign.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during the Vietnam War.  This document shows that the unit to which
the applicant was assigned, HHC, 31st Engineer Battalion, was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation based on Department of the Army General Order Number 43, dated
1970, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Order Number 8, dated 1974.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests to be awarded the CIB.
2.  The applicant's records do not show he was attached or assigned as an
Infantryman to an Infantry unit while engaged in active ground combat.
Therefore, he is not entitled to correction of his records to show the CIB.

3.  Orders show that the 31st Engineer Battalion was awarded the Republic
of Vietnam Civil Actions Honor Medal First Class Unit Citation and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation while the
applicant was assigned to the unit.  Therefore, he is entitled to
correction of his records to show these foreign unit awards.

4.  Evidence of records show he participated in three campaigns during his
service in the Republic of Vietnam.  Therefore, he is entitled to three
bronze service stars to be affixed to his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 March 1970, the date of his
released from active duty; therefore, the time for the applicant to file a
request for correction of any error or injustice expired on 20 March 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.

6.  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

___klw __  ___sjs___  ___tmr___  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 concerned should be corrected.  Therefore, the Board requests
that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, the  Republic of Vietnam Gallantry Cross with Palm
Unit Citation, and three bronze service stars to be affixed to his Vietnam
Service Medal.




                                  ________Kenneth L. Wright_________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060003920                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061003                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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