RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060005440


      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. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Ms. Alice Muellerweiss a          |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 his DD Form 214 (Report of
Transfer or Separation) be corrected to:

      a.  show, in item 4 (Department, Component, and Branch or Class), his
branch as Infantry not Armor;

      b.  by including in item 24 (Decorations, Medal, Badges), all
authorized awards and decorations; and

      c.  in item 26b (Days Accrued Leave Paid), excess leave has been
amended or deleted.

2.  The applicant states, in effect, that:

      a.  he trained and served as an infantryman with the Airborne
Calvary;

      b.  he qualified as an expert with the M-16 rifle and as a
sharpshooter with the M-60 machinegun.  Also his authorized unit and
foreign awards, such as the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, should be included on his DD Form 214; and

      c.  the excess leave entry includes a period of convalescent leave.

3.  The applicant provides copies of 29 pages from his Official Military
Personnel Record (OMPF) including but not limited to two DA Forms 31
(Request and Authority for Leave); his DD Form 214, dated 24 June 1996 and
a DD Form 215; a DA Form 1577 (Authorization for Issuance of Awards); a
letter written to his Congressman requesting assistance; a 17 August 1971
Veterans Administration (VA) (now known as the Department of Veterans
Affairs) Veterans Benefits Award letter; and four pages from "The Screaming
Eagle" magazine listing unit awards information.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 4 June 1971, the date of his release from active duty.  The
application submitted in this case is dated 4 April 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 records show the applicant entered active duty on 28 July 1969,
completed training, and was awarded the military occupational specialty
(MOS) 11B (Light Weapons Infantryman).

4.  Headquarters, 2nd Basic Combat Training Brigade, Fort Jackson Special
Orders Number 184, dated 24 September 1969, awarded the applicant the
Expert Marksmanship Qualification Badge with Rifle Bar.

5.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson
Special Orders, dated 6 November 1969, awarded the applicant the
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

6.  Headquarters, 3rd Advanced Individual Training Brigade, Fort Jackson
Special Orders, dated 28 November 1969, awarded the applicant the
Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

7.  A 30 June 1970 DA Form 31 indicates the applicant was authorized thirty
days of convalescent leave (30 June 1970 through 29 July 1970) with no day
of grace.

8.  A 31 July 1970 DA Form 31 indicates the applicant was authorized eight
days of convalescent leave (3 through 10 August 1970) with no day of grace.

9.  Headquarters, 101st Airborne Division General Orders Number 431, dated
15 January 1971, awarded the applicant the Army Commendation Medal for
meritorious achievement for the period from 1 February 1970 through 30 June
1970.

10.  The applicant was honorably separated from active duty on 4 June 1971
with 1 year, 10 months, and 7 days of creditable service.


11.  DD Form 20 (Enlisted Qualification Record) shows at:

      a.  item 22 (Military Occupational Specialty), assignment of the MOS
11B, Light Weapons Infantryman, effective 5 December 1969.

      b.  item 38, the applicant served in the following duty MOS:

            1)  11B, Light Weapons Infantryman, from 3 October 1969 through
19 November 1970.

            2)  11C, Indirect Fire Infantryman, from 20 November 1970
through 17 January 1971.

            3)  11D, Armor Reconnaissance Specialist, from 18 January 1971
through 4 June 1971.

      c.  item 38 also shows:

            1)  the applicant served in Vietnam, in MOS 11B, from
11 January 1970 through 15 August 1970 with Company C, 2nd Battalion, 506th
Infantry Regiment, 1st Armor Division; and

            2)  his conduct and efficiency are rated excellent.

      d.  item 39 (Campaigns), the applicant participated in two campaigns.

      e.  item 40 (Wounds), is blank.

      f.  item 41 (Awards and Decorations), lists his awards as the
National Defense Service Medal, the Vietnam Service Medal (VSM), the
Republic of Vietnam Campaign Medal with "1960" Device, and the Marksman
Marksmanship Qualification Badge with Rifle Bar.

12.  The DD Form 214 shows at:

      a.  item 4 (Department, Component, and Branch or Class), his branch
as Armor;

      b.  item 23a (Specialty Number and Title), 11B10, Light Weapons
Infantryman;


      c.  item 24 (Decorations), award of the National Defense Service
Medal, the Vietnam Service Medal with two bronze service stars, the
Republic of Vietnam Campaign Medal with "1960" Device, and the Marksman
Marksmanship Qualification Badge with Rifle Bar; and

      d.  item 26b (Non-Pay Period Time Lost), shows that the applicant was
charged with 39 days of excess leave for the periods 15 August through
15 September 1970 and 17 through 24 February 1971.

13.  On 24 June 1996 a DD Form 215 was issued correcting the applicant's
DD Form 214 to include award of the Army Commendation Medal.

14.  A 3 April 1999 DA Form 1577 shows the applicant was issued the Army
Commendation Medal, the Good Conduct Medal, the National Defense Service
Medal, the Vietnam Service Medal with two bronze service stars, the
Republic of Vietnam Campaign Medal with "1960" Device, the Combat
Infantryman Badge, the Republic of Vietnam Gallantry Cross with Palm Unit
Commendation Badge, and the Marksman Marksmanship Qualification Badge with
Rifle Bar.

15.  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 that while the applicant was
assigned to the Company C, 2nd Battalion, 506th Infantry Regiment,
1st Armor Division it was cited for award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and the Republic of Vietnam Civil
Actions Honor Medal First Class Unit Citation.

16.  Army Regulation 600-8-22 (Military Awards), chapter 4, states that the
Good Conduct Medal is awarded to individuals who distinguish themselves by
their conduct, efficiency and fidelity during a qualifying period of active
duty enlisted service.  This period is 3 years except in those cases when
the period for the first award ends with the termination of a period of
active Federal military service.  A record of punishment is not
automatically disqualifying.  However, at that time, a single efficiency
rating of less than excellent was disqualifying.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  Current practice requires that the commander provide written
notice of nonfavorable consideration and permits the individual to respond.
 At that time, a disqualification was normally noted on the DA Form 20.



17.  Army Regulation 600-8-22, paragraph 8-6 provides for award of the
Combat Infantryman Badge.  This 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 be 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.

18.  Army Regulation 600-8-22, paragraph 8-44 provides for award of the
basic marksmanship qualification badges.  A basic marksmanship
qualification badge is awarded to indicate the degree in which an
individual, military or civilian, has qualified in a prescribed record
course and an appropriate bar is furnished to denote each weapon with which
he or she qualified.  Each bar will be attached to the basic badge which
indicates the qualification last attained with the respective weapon.
Basic qualification badges are of three classes. Expert, sharpshooter, and
marksman.

19.  Army Regulation 600-8-22 also authorizes a bronze service star, based
on qualifying service, for each designated campaign period listed in
Appendix B of the regulation and states that authorized bronze service
stars will be worn on the appropriate campaign or service medal.  A silver
service star is authorized in lieu of five bronze service stars.  The
regulation also lists the designated campaign periods for which a bronze
service star is authorized for wear on the Vietnam Service Medal.  Based on
the applicant's dates of service in Vietnam, Appendix B indicates he served
during the following three campaign periods:  the Vietnam Winter-Spring
1970; 1 November 1969 - 30 April 1970; the DA Sanctuary Counteroffensive 1
May 1970 - 30 June 1970; and the Counteroffensive Phase VII, 1 July 1970 -
30 June 1971.

DISCUSSION AND CONCLUSIONS:

1.  While the record shows the applicant served in a duty position in the
Armor Branch specialty of MOS 11D, there is no indication he was ever
officially transferred from the Infantry Branch to the Armor Branch.
Therefore the entry at item 4 on the DD Form 214 should be corrected to
show his Branch as Infantry.

2.  The available documentation does not show that the applicant served
with a unit of brigade, regimental, or smaller size during any period at
which time the unit engaged in active ground combat.  Therefore,
entitlement to the Combat Infantryman Badge cannot be established and
correction of the record to include this award is not warranted.  A DA Form
1577 is not a source document for awards and as such cannot be used as the
sole basis for making a correction to a DD Form 214.

3.  The applicant distinguished himself by his conduct, efficiency and
fidelity as evidenced by his service in Vietnam, his conduct and efficiency
ratings, and his decorations.  The record contains no indication of any
disqualifying incidents or recommendations.  It is appropriate to award the
applicant the Good Conduct Medal for his period of service from 28 July
1969 through 4 June 1971.

4.  The applicant's record contains orders awarding him the Expert
Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, the Sharpshooter
Marksmanship Qualification Badge with Machinegun Bar, and his DA Form 20
lists award of the Marksman Marksmanship Qualification Badge with Rifle Bar
subsequent the other qualifications with the rifle.

5.  Although the applicant qualified with the rifle for various levels of
the qualification badge normally only the last level of qualification with
a particular weapon is denoted on the DD Form 214.  Therefore, it is
appropriate to correct the applicant’s DD Form 214 to also reflect award of
the Sharpshooter Marksmanship Qualification Badge with Machinegun Bar.

6.  The applicant served in Vietnam during three campaign periods and as
such is authorized to wear three bronze service stars on the Vietnam
Service Medal.

7.  In addition to the awards listed on the DD Form 214, the applicant is
also authorized the Republic of Vietnam Gallantry Cross with Palm Unit
Citation and the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation.  Both of these awards are authorized to be shown on the
applicant’s DD Form 214.

8.  The only available documentation related to convalescent leave shows
the applicant was authorized convalescent leave for the periods 30 June
1970 through 29 July 1970 and 3 through 10 August 1970 with no days of
grace.  Without documentation to verify that the applicant was authorized
additional convalescent leave, for the periods 15 August 1970 through
15 September 1970 and 17 through 24 February 1971, there is insufficient
evidence to remove these entries from the DD Form 214.


9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 3 June 1974.   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

__AM___  ___DLL__  __WFC__  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:


      a.  awarding the applicant the Good Conduct Medal for his period of
service from 28 July 1969 through 4 June 1971;

      b.  showing in item 4 of his DD Form 214, that his Branch was
Infantry;

      c.  deleting the VSM with two bronze service stars from the
individuals
DD Form 214 and adding the VSM with three bronze service stars; and


      d.  showing that in additions to the awards listed on the DD Form 214,
he is also authorized award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation, and the Sharpshooter Marksmanship Qualification Badge
Machinegun Bar.




2.  Additionally, the Board 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 Combat Infantryman Badge, or removal of the excess leave entry
from items 26b and 39 on the DD Form 214.




                            __       William F. Crain________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060005440                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107                                     |
|2.                      |100                                     |
|3.                      |110                                     |
|4.                      |123                                     |
|5.                      |                                        |
|6.                      |                                        |


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