RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 October 2006
      DOCKET NUMBER:  AR20060004058


      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. James Gunlicks                |     |Chairperson          |
|     |Mr. Michael Flynn                 |     |Member               |
|     |Mr. Scott Faught                  |     |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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states that, with a military occupational specialty (MOS)
of 11B20 (light weapons infantryman) and 11 months attachment to Company C,
2nd Battalion, he should have been awarded the Combat Infantryman Badge.
He contends that this award is needed for a Department of Veterans Affairs
(DVA) compensation claim for Post Traumatic Stress Disorder.

3.  The applicant provides a service medical record, dated 7 June 1979; a
copy of his DA Form 20 (Enlisted Qualification Record); an Immunization
Record; a NGB (National Guard Bureau) Form 22 (Report of Separation and
Record of Service); a NGB Form 22A (Correction to NGB Form 22); a Vietnam
Combat Certificate; a letter, dated 24 February 2005; and a copy of his DD
Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 16 June 1971.  The application submitted in this case is dated
7 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 was inducted on 17 June 1969.  He was awarded MOS 11B.
He arrived in Vietnam on 2 December 1969.  He served in MOS 11B assigned to
Company C, 2nd Battalion, 5th Cavalry of the 1st Cavalry Division in
Vietnam from 11 December 1969 through 30 July 1970.  Records show that on
30 July 1970 the applicant requested reassignment due to a physical profile
and he indicated that he was unable to perform in his primary MOS.  Records
also show that he departed Company C, 2nd Battalion, 5th Cavalry on 30 July
1970 and was reassigned to Headquarters and Headquarters Company, 1st
Cavalry Division in Vietnam.  On 16 June 1971, the applicant was released
from active duty in the rank of specialist four after completing 2 years 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 Air Medal, the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar (M-16), and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar (M-14) as authorized awards.

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

6.  Headquarters, 1st Cavalry Division (Airmobile) General Orders Number
18636, dated 26 October 1970, show the applicant received the Bronze Star
Medal for meritorious service, not involving participation in aerial
flight, in connection with ground operations against a hostile enemy force
in the Republic of Vietnam.

7.  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.

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

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, 5th Cavalry) is entitled to the Valorous Unit Award for actions
during the period 1 May 1970 to 29 June 1970 based on Department of the
Army General Orders Number 43, dated 1972.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit
(Company C, 2nd Battalion, 5th Cavalry) is entitled to one award of the
Republic of Vietnam Gallantry Cross with Palm Unit Citation based on
Department of the Army General Orders Number 55, dated 1971, and the 2nd
Battalion,
5th Cavalry is entitled to one award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation based on Department of the Army General
Orders Number 11, dated 1973.

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, 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.

12.  U.S. Army Vietnam (USARV) Regulation 672-1 (Decorations and Awards)
provided, in pertinent part, guidelines for award of the Air Medal.  It
established that passenger personnel who did not participate in an air
assault were not eligible for the award based upon sustained operations.
It defined terms and provided guidelines for the award based upon the
number and types of missions or hours.  Twenty-five Category I missions
(air assault and equally dangerous missions) and accrual of a minimum of 25
hours of flight time while engaged in Category I missions was the standard
established for which sustained operations were deemed worthy of
recognition by an award of the Air Medal.  However, the regulation was
clear that these guidelines were considered only a departure point.
Nothing created an entitlement to the award.

13.  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.

14.  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.

15.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.




DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served
in an infantry MOS while assigned to an infantry company in Vietnam.  He
also received the Bronze Star Medal for meritorious service in connection
with military operations against a hostile force in Vietnam.  In addition,
since the applicant received the Air Medal and the governing regulation
states that 25 Category I missions (air assault and equally dangerous
missions) and accrual of a minimum of 25 hours of flight time while engaged
in Category I missions was the standard established for which sustained
operations were deemed worthy of recognition by an award of the Air Medal,
it appears the applicant engaged in at least 25 Category I missions during
his assignment in Vietnam.  Therefore, there is sufficient evidence on
which to base award of the Combat Infantryman Badge in this case.

2.  Orders show the applicant received the Bronze Star Medal.

3.  The applicant was separated in the rank of specialist four with 2 years
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 17 June 1969 through 16 June 1971 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 applicant’s unit (2nd Battalion, 5th Cavalry) was cited for award
of the Valorous Unit Award while he was assigned to it.

6.  Records show that Company C, 2nd Battalion of the 5th Cavalry and 2nd
Battalion, 5th Cavalry were each awarded one award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation and so the applicant is
entitled to wear one of those awards.  However, his DD Form 214 should be
corrected to show two awards of the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
15 June 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:

JG_____  _MF_____  _SF_____  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:

      a.  awarding him the Combat Infantryman Badge;

      b.  awarding him the first award of the Good Conduct Medal for the
period 17 June 1969 to 16 June 1971; and

      c.  amending his DD Form 214 to add the Combat Infantryman Badge, the
Good Conduct Medal and to show that he was awarded the Bronze Star Medal,
the Vietnam Service Medal with three bronze service stars, the Valorous
Unit Award, and two awards of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation.




                                  __James Gunlicks______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004058                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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