RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            21 September 2006
      DOCKET NUMBER:   AR20060004383


      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:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Mr. Jeffrey Redmann               |     |Member               |
|     |Mr. David Tucker                  |     |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 awards of the Bronze Star Medal (BSM) and the
Combat Infantryman Badge (CIB).

2.  The applicant states that the absence of his awards of the BSM and the
CIB on his DD Form 214 never seemed important until he recently encountered
some of his cavalry veterans.

3.  The applicant provides a copy of his DD Form 214 and a copy of orders
awarding him the BSM.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 November 1970.  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.  He was inducted in Detroit, Michigan on 29 May 1969.  He completed his
basic combat training and his advanced individual training (AIT) as an
armor crewman in military occupational specialty (11E) at Fort Knox,
Kentucky.

4.  Upon completion of his AIT he was transferred to Vietnam on 8 December
1969.  He was assigned to Troop A, 4th Squadron, 12th Cavalry Regiment, 5th
Infantry Division for duty as a tank loader.  He was wounded by
fragmentation wounds to the left leg on 2 January 1970 and was awarded the
Purple Heart for those wounds on 18 January 1970.  He was advanced to the
pay grade of E-4 on 26 February 1970.

5.  On 25 June 1970, he was reassigned to Headquarters and Headquarters
Company, 1st Infantry Brigade, 5th Infantry Division for duty as an armor
crewman.  On 1 November 1970, he was awarded the BSM for meritorious
service for the period of December 1969 to December 1970.

6.  He departed Vietnam on 29 November 1970 and was transferred to Fort
Lewis, Washington, where he was honorably released from active duty
(REFRAD) as an overseas returnee on 30 November 1970.  He had served
1 year, 6 months and 2 days of total active service and his DD Form 214
issued at the time of his REFRAD shows that he was awarded the National
Defense Service Medal, the Vietnam Service Medal (VSM), the Purple Heart
and the Army Commendation Medal.

7.  A review of the available records fails to show any indication that the
applicant was awarded the CIB.  However, his records do show that he had
excellent conduct and efficiency ratings throughout his service and his
records are absent of any derogatory information that would serve to
disqualify him for award of the Good Conduct Medal (GCMDL).

8.  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.

9.  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 11 November 1956 was not disqualifying.  However, there was
no right or entitlement to the medal until the immediate commander made a
positive recommendation for its award and until the awarding authority
announced the award in General Orders.


10.  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. Additionally, he participated in five
campaigns and thus is authorized to wear one silver service star on his
already awarded VSM.

DISCUSSION AND CONCLUSIONS:

1.  Inasmuch as the applicant has failed to show through the evidence
submitted with his application or the evidence of record that he was
awarded the CIB, and since the applicable regulatory guidelines indicate
that he was not eligible for that award by virtue of his military
occupational specialty (MOS) of 11E, there is no basis to award him the CIB
at this time.

2.  However, the evidence of record does establish that the applicant was
awarded the BSM.  Accordingly, it would be in the interest of justice to
add that award to his records at this time.

3.  After carefully examining the applicant’s record of service, the Board
has determined that the applicant should have received the GCMDL for his
service from 29 May 1969 through 30 November 1970.  This conclusion is
based on the fact that the record is void of any derogatory information,
which would preclude the applicant from being awarded the GCMDL, and the
lack of any specific action by the applicant’s unit commander to disqualify
him from receiving the award.

4.  Additionally, the applicant’s unit was subsequently awarded the RVNGC
w/Palm Unit Citation and he participated in five campaigns.  Accordingly,
he is entitled to be awarded the RVNGC w/Palm Unit Citation and one silver
service star for wear on his already awarded VSM at this time as well.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 30 November 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 29 November 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:

________  ________  ________  GRANT FULL RELIEF

___WC__  ___JR___  ___DT __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 awarding him the GCMDL
for the period of 29 May 1969 to 30 November 1970, while serving in the
rank so SP4, by awarding him one silver service star for wear on his
already awarded VSM and by showing his awards of the BSM and RVNGC w/Palm
Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the CIB.




                            ______William Crain______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060004383                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060921                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19701130                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 5, Sec VII               |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(partial GRANT )                        |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.       |60/bsm                                  |
|107.0014                |                                        |
|2.107.0111              |157/cib                                 |
|3.107.0094              |140/rvngc                               |
|4.107.0056              |102/gcmdl                               |
|5.                      |                                        |
|6.                      |                                        |


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