RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060005670


      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. Linda Simmons                 |     |Chairperson          |
|     |Mr. Patrick McGann                |     |Member               |
|     |Mr. Donald Steenfott              |     |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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that in May/June 1970 the United
States, under orders of President Nixon, attacked the North Vietnamese and
Vietcong sanctuaries in Cambodia and his unit (Company A, 2nd Battalion,
60th Infantry, 3rd Brigade of the 9th Infantry Division) was sent there and
they received hostile fire many times.

3.  The applicant provides a letter, dated 12 April 2006, from a Member of
Congress.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 September 1971.  The application submitted in this case is dated 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 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 16 September 1969.  He was awarded
military occupational specialty (MOS) 11B (light weapons infantryman).  He
arrived in Vietnam on 28 February 1970.  He served in MOS 11B assigned to
Company A, 2nd Battalion, 60th Infantry, 3rd Brigade of the 9th Infantry
Division in Vietnam from 24 March 1970 through 25 September 1970.  He was
assigned to the 25th Administration Company, 25th Infantry Division in
Vietnam from 26 September 1970 through 11 January 1971.  On 2 September
1971, the applicant was released from active duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Bronze Star Medal for
meritorious service in connection with ground operations against a hostile
enemy force, the Army Commendation Medal for meritorious achievement in
connection with military operations against a hostile force, and the
Sharpshooter 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.  Headquarters, II Field Force Vietnam General Orders Number 3890, dated
23 September 1970, show the applicant received the Air Medal.

7.  Records show the applicant participated in three 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 (25th
Administration Company) is entitled to award of the Meritorious Unit
Commendation for actions during the period 1 January 1970 to 3 December
1970 based on Department of the Army General Orders Number 6, dated 1974.

9.  Department of the Army Pamphlet 672-3 shows the applicant's unit (25th
Administration Company) is entitled to award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation based on Department of the Army
General Orders Number 5, dated 1973.

10.  Department of the Army Pamphlet 672-3 shows the applicant's unit (2nd
Battalion, 60th 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 55, dated 1971.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
(2nd Battalion, 60th 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 55, dated 1971.

12.  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.

13.  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.

14.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.

DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant held an infantry MOS and served
in an infantry MOS while assigned to an infantry company in Vietnam.  He
also received the Bronze Star Medal for meritorious service in connection
with military operations against a hostile force in Vietnam and the Army
Commendation Medal for meritorious achievement in connection with military
operations against a hostile force.  Therefore, there is sufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

2.  Orders show the applicant received the Air Medal.

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

4.  The applicant’s unit (25th Administration Company) was cited for award
of the Meritorious Unit Commendation while he was assigned to it.

5.  The applicant's units (25th Administration Company and 2nd Battalion,
60th Infantry) were each awarded one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and so he is entitled to wear one
of those awards.  However, his DD Form 214 should be corrected to show two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

6.  The applicant’s unit (2nd Battalion, 60th Infantry) was cited for award
of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation while he was assigned to it.

7.  Records show the applicant should have discovered the alleged error now
under consideration on 2 September 1971; therefore, the time for the
applicant to file a request for correction of any error expired on 1
September 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:

LS_____  __PM____  ___DS___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 Combat Infantryman Badge; and

      b.  amending his DD Form 214 to add the Combat Infantryman Badge, the
Air Medal, three bronze service stars for wear on his already awarded
Vietnam Service Medal, the Meritorious Unit Commendation, show two awards
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.



                            __Linda Simmons_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060005670                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061205                                |
|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.                      |                                        |


-----------------------
[pic]