RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        24 October 2006
      DOCKET NUMBER:  AR20060005459


      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. Carmen Duncan                 |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Ms. Rea Nuppenau                  |     |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 military records to show the
Combat Infantryman Badge.

2.  The applicant states that he would like to know why the Combat
Infantryman Badge is not reflected on his DD Form 214 (Report of Transfer
or Discharge).  He contends that he received the Combat Infantryman Badge
along with everyone in Company C, 2nd Battalion, 47th Infantry of the 9th
Infantry Division.

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
3 May 1968.  The application submitted in this case is dated 5 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 applicant was inducted on 4 May 1966.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman).  He arrived
in Vietnam on 10 January 1967.  He served in MOS 11B assigned to Company C,
2nd Battalion, 47th Infantry of the 9th Infantry Division in Vietnam from
28 January 1967 through 12 November 1967.  He served in MOS 11B assigned to
Headquarters and Headquarters Company, 2nd Battalion, 47th Infantry of the
9th Infantry Division in Vietnam from 13 November 1967 through 2 January
1968. On 3 May 1968, the applicant was released from active duty in the
rank of private first class after completing 2 years of creditable active
service with no time lost.

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, and the Marksman Marksmanship Qualification Badge with Rifle
Bar as authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.
6.  There is no evidence the applicant received the first award of the Good
Conduct Medal.  There also is no evidence the applicant was disqualified by
his chain of command from receiving the Good Conduct Medal.  His records
show he received conduct and efficiency ratings of “excellent” throughout
his service.

7.  Records show the applicant participated in two campaigns during his
assignment in Vietnam.

8.  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 the applicant's unit (2nd
Battalion, 47th Infantry) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 31, dated 1969.

9.  Department of the Army Pamphlet 672-3 also shows that the applicant’s
unit (2nd Battalion, 47th Infantry) is entitled to award of the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation based on
Department of the Army General Orders Number 59, dated 1969.

10.  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.

11.  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 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

12.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
bronze service star, based on qualifying service, for each campaign listed
in Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.

DISCUSSION AND CONCLUSIONS:

1.  Although the evidence of record shows the applicant held an infantry
MOS and served in an infantry MOS while assigned to an infantry company in
Vietnam, there are no orders for the Combat Infantryman Badge.  It appears
to have been the commander's judgment that the applicant did not meet the
criteria for award of the Combat Infantryman Badge.  The Board will not
substitute its judgment for that of the commander.  He provides no
evidence, such as an affidavit from his former commanding officer (with
proof he was the commander at the time) that “everyone,” to include the
applicant, in Company C, 2nd Battalion, 47th Infantry was awarded the
Combat Infantryman Badge.  Therefore, there is insufficient evidence on
which to base award of the Combat Infantryman Badge in this case.

2.  The applicant was separated in the rank of private first class with 2
years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 4 May 1966 through 3 May 1968 based
on completion of a period of qualifying service ending with the termination
of a period of Federal military service.

3.  The applicant participated in two campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with two
bronze service stars.

4.  The applicant’s unit (2nd Battalion, 47th Infantry) received the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation
while he was assigned to it.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 3 May 1968; therefore, the time for the applicant to
file a request for correction of any error expired on 2 May 1971.  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

CD_____  __JP____  _RN_____  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 him the first award of the Good Conduct Medal for the
period of 4 May 1966 through 3 May 1968; and

      b.  amending his DD Form 214 to add the Good Conduct Medal, the
Vietnam Service Medal with two bronze service stars, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and the Republic of
Vietnam Civil Actions Honor Medal First Class 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 Combat Infantryman Badge.



                            __Carmen Duncan_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005459                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061024                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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