RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        17 October 2006
      DOCKET NUMBER:  AR20060004405


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Peter B. Fisher               |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, that he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he was never issued or awarded
the Combat Infantryman Badge and he never knew he was not identified as a
combat veteran from Vietnam.

3.  In support of his application, the applicant submits no additional
documents.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 17 March 1968, the date of his release from
active duty.  The application submitted in this case is dated 20 March
2005; however, was received on 29 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 limitation 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 he enlisted in the Regular Army on 12
October 1964.  He completed basic combat training at Fort Knox, Kentucky,
and was awarded the military occupational specialty (MOS), 11B (Light
Weapons Infantryman), following completion of on-the-job training in his
unit in Hawaii.

4.  The applicant served in Vietnam from 4 January 1966 through 5 June
1967, with Company A, 2nd Battalion, 35th Infantry Regiment, 25th Infantry
Division.

5.  The applicant was honorably released from active duty, on 17 March
1968, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank/pay grade,
Private/E-2.  On the date he was released from active duty, he had
completed 3 years active military service, with 158 days lost due to AWOL
(absence without leave) and confinement.
6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
Armed Forces of the United States, Report of Transfer or Discharge, shows
he was awarded:  the National Defense Service Medal; the Vietnam Service
Medal; the Republic of Vietnam Campaign Medal; and one overseas service
bar.  The Combat Infantryman Badge is not shown on his DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Combat Infantryman Badge.

8.  There are no orders in the applicant's military personnel records
awarding him the Combat Infantryman Badge.

9.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
his principal duty to be those of a rifleman.

10.  Item 44 (Time Lost under Section 972, Title 10, US Code) shows the
applicant was in confinement from 27 December 1966 through 28 May 1967.

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

12.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, which extended
from 25 December 1965 through 30 June 1966; the Vietnam Counteroffensive,
Phase II, which extended from 1 July 1966 through 31 May 1967; and the
Vietnam Counteroffensive, Phase III, which extended from 1 June 1967
through 29 January 1968.

13.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the unit the applicant
was assigned to was awarded the Valorous Unit Award, for the period 22
April through 20 August 1967, by Department of the Army General Order
(DAGO) Number 43, dated 1972; and Company A, the applicant's specific unit,
was cited for an additional Valorous Unit Award, for the period 2 and 3
August 1966, by DAGO 17, dated 1968.  The unit was also awarded the
Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, for the period January 1966 through 1
August 1967, by DAGO 48, dated 1971.  The applicant was assigned to the
unit at the time it was cited for these unit awards.

14.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.  The
regulation further provides that one silver service star will be worn in
lieu of five bronze service stars.

15.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 223, Paragraph
3, published by Headquarters, 3rd Training Brigade (BCT), US Army Training
Center, Armor, Fort Knox, Kentucky, on 25 November 1964.

16.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.

17.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence
must show that an applicant held and served in an infantry MOS while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, and must have served in active ground combat while assigned or
attached to this infantry unit.
2.  The applicant held and performed the duties related to an infantry MOS
in a company-sized infantry unit in Vietnam; however, there is insufficient
evidence to show that he served in active ground combat while assigned or
attached to this infantry unit.

3.  While in Vietnam, the applicant did not receive any awards for valor or
achievement that would give an indication he was exposed to combat against
the enemy.

4.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman badge and to have it added to his DD Form 214.

5.  The applicant served in three campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with three
bronze service stars, as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

6.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation and two Valorous Unit
Awards, in effect, the Valorous Unit Award, with oak leaf cluster, while he
was a member of the unit.  These unit awards are not shown on his DD Form
214.  He is entitled to these unit awards and to have them added to his DD
Form 214.

7.  The applicant earned the Sharpshooter Marksmanship Qualification Badge,
with Rifle Bar.  This badge is not shown on the applicant's DD Form 214.
He is entitled to have this badge added to his DD Form 214.

8.  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.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 March 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
16 March 1971.  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

_PF_____  __RCH__  ___J____  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and adding this award to his DD Form 214;

      c.  awarding the applicant the Valorous Unit Award, with oak leaf
cluster and the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and adding these unit awards to his DD Form 214; and
      d.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, to the applicant's DD Form 214.




                                  _____John T. Meixell_________
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004405                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061017                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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