RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 September 2006
      DOCKET NUMBER:  AR20060004330


      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:

|     |Ms. Linda Simmons                 |     |Chairperson          |
|     |Mr. Paul 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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served with a combat infantry
unit in Vietnam in March/April 1969 and that he manned and operated machine
guns on the fire base perimeter.

3.  The applicant provides no evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 13 May 1969.  The application submitted in this case is dated
16 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 23 May 1967.  He was awarded military
occupational specialty (MOS) 36K (wireman).  He served in this MOS assigned
to Headquarters and Headquarters Company, 1st Brigade of the 4th Infantry
Division in Vietnam from 12 July 1968 through 11 May 1969.  On 13 May 1969,
the applicant was released from active duty.

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 Army Commendation Medal, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bars (M-14 and M-16) as authorized awards.

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

6.  A DD Form 215 (Correction to DD Form 214), dated 16 June 2004, amended
the applicant’s DD Form 214 to show the Vietnam Service Medal with four
bronze service stars, the Army Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

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 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.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held and served in MOS 36K
assigned to the Headquarters and Headquarters Company, 1st Brigade of the
4th Infantry Division during his assignment in Vietnam.  There is no
evidence of record which shows the applicant held an infantry MOS and
served in active ground combat while an assigned member of an infantry unit
of brigade or smaller size in Vietnam.  Therefore, there is insufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

2.  Records show the applicant should have discovered the alleged error now
under consideration on 13 May 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 12 May 1972.  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

LS______  __PS____  _AM____  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 Simmons______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004330                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060928                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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