RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            26 September 2006
      DOCKET NUMBER:   AR20060004011


      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. Jessie B. Strickland          |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Marla Troup                   |     |Chairperson          |
|     |Mr. Chester Damian                |     |Member               |
|     |Mr. Edward Montgomery             |     |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 report of separation (DD Form 214) be
corrected to reflect his award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that his award of the CIB was omitted
from his DD Form 214 at the time of his release from active duty (REFRAD).


3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 December 1968.  The application submitted in this case is
dated 8 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 enlisted in Boston, Massachusetts, on 27 September 1965
for a period of 3 years, under the airborne training option.  He completed
his basic and advanced individual training (light weapons infantryman) at
Fort Dix, New Jersey and his airborne and pathfinder training at Fort
Benning, Georgia, before being assigned to Fort Bragg, North Carolina.

4.  He was advanced to the rank of corporal (CPL) on 20 October 1966 and on
30 May 1967, he was transferred to Vietnam.  He was initially assigned to
Company A, 1st Battalion (Airborne), 503rd Infantry Regiment for duty as a
fire team leader in military occupational specialty 11B4P.

5.  While not specified in the available records, the applicant was
wounded/injured on 3 July 1967 and was awarded the Purple Heart for those
injuries.  He remained assigned to the United States Army Vietnam (USARV)
Patient Casualty Company until he was returned to his unit on 17 August
1967.

6.  On 14 October 1967, he was reassigned to the 145th Combat Aviation
Battalion for duty as a pathfinder.  He was promoted to the rank of
sergeant on 18 November 1968 and he departed Vietnam on 22 December 1968.
He was transferred to Oakland Army Base, California, where he was honorably
REFRAD on 24 December 1968 as an overseas returnee.  He had served 3 years,

2 months and 28 days of total active service and had served 1 year, 6
months and 25 days of service in Vietnam.  His DD Form 214 issued at the
time of his REFRAD shows that he was awarded the National Defense Service
Medal, the Parachutist Badge, the Pathfinder Badge, the Republic of Vietnam
Campaign Medal, the Vietnam Service Medal (VSM), the Air Medal, the Purple
Heart and the Good Conduct Medal.  A review of his records fails to reveal
any orders awarding him the CIB.

7.  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 military
occupational specialty (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 (formerly known as the Total Army Personnel 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.

8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register-Vietnam Era) was published to assist commanders and personnel
officers in determining or establishing the eligibility of individual
members for campaign participation credit, assault landing credit, and unit
citation badges awarded during the Vietnam Conflict.  Table 1 (Army Units
in Numerical Order) of the pamphlet indicates that the applicant’s unit was
subsequently awarded the Republic of Vietnam Gallantry Cross with Palm
(RVNGC w/Palm) Unit Citation and the Republic of Vietnam Civil Actions
Honor Medal – First Class (RVNCAHM-FC) Unit Citation during the period he
was assigned to the unit.  Additionally, he participated in six campaigns
and thus is authorized to wear one silver and one bronze service star on
his already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s records are absent orders awarding him the
CIB, it is reasonable to presume that he was awarded the CIB based on the
award of the Purple Heart for wounds/injuries received on 3 July 1967,
while he was assigned to an infantry company in Vietnam.  Accordingly, it
would be in the interest of justice to add the award of the CIB to his
records at this time.
2.  The evidence of record also establishes that the applicant’s unit was
subsequently awarded the RVNGC w/Palm Unit Citation and the RVNCAHM-FC Unit
Citation for the period he was assigned to the unit.  Accordingly, those
awards should also be added to his records at this time.

3.  Additionally, the applicant participated in six campaigns while
assigned to Vietnam and therefore is eligible to be awarded one silver and
one bronze service star for wear on his already awarded VSM.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 December 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 December 1971.  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:

___MT __  ___CD__  ___EM __  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 showing that he was awarded the CIB,
the RVNGC w/Palm Unit Citation, the RVNCAHM-FC Unit Citation and by
awarding him one silver and one bronze service star for wear on his already
awarded VSM




                            ______Maria Troup______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004011                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060926                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19681224                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 5, Sec VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(GRANT PLUS)                            |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |157/CIB                                 |
|107.0111                |                                        |
|2.107.0094              |140/RVNGC                               |
|3.107.0095              |141/RVNCAHM                             |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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