RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            15 November 2005
      DOCKET NUMBER:   AR20060005180


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 he be awarded the Combat Infantryman Badge
(CIB).

2.  The applicant states, in effect, that he earned the CIB and should have
received it.

3.  The applicant provides a copy of his report of separation (DD Form
214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 12 May 1966.  The application submitted in this case is dated
30 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 enlisted at Fort Jackson, South Carolina, on 21 May 1963 for a
period of 3 years.  He completed his training at Fort Gordon, Georgia and
was awarded the military occupational specialty (MOS) of a light weapons
infantryman.  He served as a tower guard in Korea from 16 October 1963 to
29 October 1964.

4.  On 15 August 1965, while assigned to Fort Benning, Georgia, for duty as
a light weapons infantryman with Headquarters and Headquarters Company, 2nd
Battalion, 12th Cavalry Regiment, 1st Cavalry Division, he was transferred
with his unit to Vietnam.  He was advanced to the pay grade of E-3 on 11
March 1966.

5.  He departed Vietnam on 12 May 1966 and was transferred to Oakland Army
Base, California, where he was honorably released from active duty (REFRAD)
on 12 May 1966 as an overseas returnee.  He had served 2 years, 11 months
and 22 days of total active service and his DD Form 214 issued at the time
of his REFRAD indicates that he was awarded the Vietnam Service Medal and
two marksmanship badges.  A review of his records failed to show he was
awarded any additional awards that were not included on his DD Form 214.


6.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
Soldier must have an infantry or special forces specialty, satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or special forces unit of brigade, regimental, or smaller size
during any period such unit was engaged in active ground combat.  Not all
infantryman assigned to Vietnam were awarded the CIB, only those who met
the regulatory criteria were eligible to receive that award.

7.  Army Regulation 600-8-22 (Military Awards) as amended provides that the
National Defense Service Medal (NDSM)  is awarded for honorable active
service for any period between 27 July 1950 through 27 July 1954, 1 January
1961 through 14 August 1974, 2 August 1990 through 30 November 1995 and 11
September 2001 to a date to be determined.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Campaign Medal (RVNCM).  This medal was awarded by
the Government of Vietnam to all members of the Armed Forces of the United
States for qualifying service in Vietnam during the period 1 March 1961
through 28 March 1973.  Qualifying service included assignment in Vietnam
for 6 months or more.  Qualifying service outside the geographical limits
of the Republic of Vietnam required the individual to provide direct combat
support to the Republic of Vietnam and Armed Forces.  Individuals who had
qualified for award of the Vietnam Service Medal or the Armed Forces
Expeditionary Medal and were evacuated prior to completing six months of
service due to wounds resulting from hostile action were entitled to award
of the Vietnam Campaign Medal.

9.  Army Human Resources Command Message (Date Time Group 9 February 2004)
published implementing instructions for award of the Korea Defense Service
Medal (KDSM).  This message specified criteria for the award of the Korea
Defense Service Medal as follows:  a) service members of the armed forces
must have served in support of the defense of the Republic of Korea from 28
July 1954 through a future date to be determined by the Secretary of
Defense;  b) the area of eligibility encompasses all land area of the
Republic of Korea, and the contiguous water out to 12 nautical miles, and
all air spaces above the land and water areas;  c) service members must
have been mobilized with units or assigned or attached to units operating
in the area of eligibility and have been physically deployed in the area of
eligibility for 30 consecutive or 60 non-consecutive days.

10.  Department of the 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 subsequent to the applicant’s departure from Vietnam, his
unit was awarded the Republic of Vietnam Gallantry Cross with Palm (RVNGC
w/Palm) Unit Citation and the Presidential Unit Citation (PUC).
Additionally, he participated in two campaigns while assigned to Vietnam
and is authorized to wear two bronze service stars on his VSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he earned and should have been awarded
the CIB has been noted; however, there is no evidence in the available
records to show that he participated in and engaged in combat against the
enemy with his assigned unit while in Vietnam.  Therefore, lacking evidence
to establish such, there appears to be no basis to award him the CIB at
this time.

2.  However, the evidence of record does establish that he is entitled to
awards of the NDSM, the RVNCM, the KDSM, the RVNGC w/Palm Unit Citation,
the PUC and two bronze service stars for wear on his already awarded VSM.


3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 May 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 11 May 1969.  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

___CG__  ____TR__  ___PT __  DENY APPLICATION-W/NOTE

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 awarding him the NDSM, the RVNCM, the KDSM, the RVNGC w/Palm
Unit Citation, the PUC, and two bronze service stars for wear on his
already awarded VSM.





                                  _____Curtis Greenway____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005180                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061109                                |
|TYPE OF DISCHARGE       |(HD)                                    |
|DATE OF DISCHARGE       |19660512                                |
|DISCHARGE AUTHORITY     |AR 635-205                              |
|DISCHARGE REASON        |REFRAD                                  |
|BOARD DECISION          |(DENY w/note)                           |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES                  |157/cib                                 |
|1.107.0111              |                                        |
|2.107.0094              |140/rvngc                               |
|3.107.0069              |115/ndsm                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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