RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060006283


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Dale E. DeBruler              |     |Member               |
|     |Mr. Larry W. Racster              |     |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, award of the Combat Infantryman
Badge.

2.  The applicant states, in effect, that he attended advanced individual
training for military occupational specialty (MOS) 11B1O (Light Weapons,
Infantryman) and served as an infantryman in Company B, 3rd Battalion,
187th Infantry,
101st Airborne Division in Vietnam from 26 November 1968 through
12 April 1969.  Therefore, he would like his records corrected to reflect
award of the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge), with an effective date of 4
June 1971, and DA Form 20 (Enlisted Qualification Record).

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 16 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's military service records show that he enlisted and
entered active duty in the Regular Army on 11 June 1968.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded MOS 11B (Light Weapons Infantryman).  He was honorably released
from active duty on 4 June 1971 after serving on active duty for a total of
2 years, 11 months, and 24 days.

4.  The applicant's military service records contain a copy of
Headquarters,
101st Airborne Division (Vietnam), Special Orders Number 116, dated
26 April 1969, that shows, in pertinent part, MOS action was directed
pertaining to the applicant.  The orders show that the applicant's primary
MOS (PMOS) of 11B1O was withdrawn and he was awarded PMOS 63B2O and MOS
11B2O was awarded as his secondary MOS (SMOS), effective 12 April 1969.
5.  The applicant's military service records contain a DA Form 20.  Item 22
(Military Occupational Specialties) shows that the applicant was awarded
MOS 11B (Light Weapons Infantryman) on 18 October 1968.  This item also
shows that the applicant was awarded MOS 63B (Wheeled Vehicle Repairman) on
12 April 1969.  This item further shows that MOS 63B2O was designated as
the applicant's PMOS and MOS 11B2O was designated as his SMOS.

6.  The applicant's DA Form 20, Item 31 (Foreign Service), shows that he
served in the Republic of Vietnam from 8 November 1968 through 7 November
1969.  Item 39 (Campaigns) of this document shows that he participated in
the Vietnam Counteroffensive Phase VI, TET 69 Counteroffensive, Vietnam
Summer-Fall 1969, and Vietnam Winter-Spring 1970 campaigns.

7.  Item 38 (Record of Assignments) of the DA Form 20 shows that, on
26 November 1968, the applicant was assigned to Company B, 3rd Battalion
(Airmobile), 187th Infantry, 101st Airborne Division (Airmobile) in
Vietnam, with principal duty as a rifleman (Duty MOS 11B1O).  On 20 January
1969, he was assigned to Company A, 1st Battalion (Airmobile), 327th
Infantry, 101st Airborne Division (Airmobile) (Vietnam), with principal
duty as a rifleman (Duty MOS 11B1O).  On 3 March 1969, the applicant was
assigned to Headquarters and Headquarters Company, 1st Battalion
(Airmobile), 327th Infantry, 101st Airborne Division (Airmobile) (Vietnam),
with principal duty as a rifleman (Duty MOS 11B1O).  Then, on 12 April
1969, while assigned to this same unit, the applicant's principal duty was
changed to wheeled vehicle repairman (Duty MOS 63B2O) and the applicant
continued to serve in that Duty MOS until he redeployed to the continental
United States on 5 November 1969.

8.  Item 41 (Awards and Decorations) of the DA Form 20 shows that the
applicant was awarded the Bronze Star Medal, Army Commendation Medal,
National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal with "1960" device, Expert Marksmanship Qualification Badge
with the M-14 and M-16 Rifles, Marksman Marksmanship Qualification Badge
with the M-60 Machinegun, and 2 Overseas Service Bars.

9.  The applicant's military service records contain a copy of
Headquarters,
101st Airborne Division (Airmobile) (Vietnam), General Orders Number 10681,
dated 18 August 1969.  The orders show that, while assigned to Headquarters
and Headquarters Company, 1st Battalion, 327th Infantry, 101st Airborne
Division (Airmobile), he was awarded the Bronze Star Medal for meritorious
service in connection with ground operations against a hostile force in the
Republic of Vietnam during the period 1 December 1968 to 31 July 1969.

10.  There are no orders in the applicant’s military service records that
show he was awarded the Combat Infantryman Badge.

11.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the Bronze Star
Medal, Army Commendation Medal, National Defense Service Medal, Vietnam
Service Medal, Republic of Vietnam Campaign Medal, Expert Marksmanship
Qualification Badge with Rifle Bar (M-16), and 2 Overseas Service Bars.

12.  A review of the applicant's record reveals that he may be entitled to
additional awards that are not shown on his DD Form 214.

13.  There is no evidence the applicant received the first award of the
Good Conduct Medal.  The applicant received conduct and efficiency ratings
of “excellent” throughout his service and there is no evidence that he was
disqualified by his chain of command from receiving the Good Conduct Medal.

14.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase VI, TET 69
Counter-offensive, Vietnam Summer-Fall 1969, and Vietnam Winter-Spring
1970.

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 at the time of the
applicant's assignment to the 3rd Battalion, 187th Infantry, the unit was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 43 (1970).

16.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant's assignment to the 3rd Battalion, 187th Infantry, the unit
was cited for award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation by Headquarters, Department of the Army, General
Orders Number 48 (1971).

17.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Infantry, Fort Bragg, North Carolina, Special Orders
Number 207, dated 25 July 1968, which shows that he was awarded the Expert
Marksmanship Qualification Badge with (M-14) Rifle Bar.

18.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Infantry, Fort Bragg, North Carolina, Special Orders
Number 220, dated 7 August 1968, which shows that he was awarded the Expert
Marksmanship Qualification Badge with Rifle Bar (M-16).

19.  The applicant's records contain a copy of Headquarters, U.S. Army
Training Center, Infantry and Fort Polk, Fort Polk, Louisiana, Special
Orders Number 248, dated 1 October 1968, which shows that he was awarded
the Marksman Marksmanship Qualification Badge with Machinegun Bar (M-60).

20.  Army Regulation 600-8-22, 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.

21.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “the Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day-to-day combat.”  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers and to enlisted
Soldiers who have an infantry MOS and required that they must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  Award of the Combat Infantryman Badge
during the Vietnam era was announced in unit special orders, normally
published at battalion or brigade level.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary conduct, efficiency, and fidelity during a qualifying period of
active duty enlisted service.  After 27 June 1950 to the present time, the
current standard for award of the Good Conduct Medal is 3 years of
qualifying service, but as little as one year is required for the first
award in those cases when the period of service ends with the termination
of Federal military service.  Although there is no automatic entitlement to
the Good Conduct Medal, disqualification must be justified.

23.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.  A service star is worn on the
Vietnam Service Medal to denote an additional award for participation in a
campaign.

24.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

25.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

26.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of basic marksmanship qualification badges.  The qualification
badge is awarded to indicate the degree in which an individual has
qualified in a prescribed record course, and an appropriate bar is
furnished to denote each weapon with which the individual has qualified.
The qualification badges are in three classes:  Expert, Sharpshooter, and
Marksman.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Combat Infantryman Badge because he attended advanced individual training
for MOS 11B1O (Light Weapons Infantryman) and served as an infantryman in
Vietnam for 9 months.

2.  The evidence of records show that the applicant satisfactorily
performed the principal duties of a rifleman while assigned to the 187th
Infantry Regiment and the 327th Infantry Regiment in Vietnam from 28
November 1968 to 11 April 1969; a period of approximately four and one-half
months.  Therefore, the evidence of record supports the fact that the
applicant served as an infantryman and satisfactorily performed infantry
duties while assigned to an infantry unit. However, there is no evidence of
record to support the fact that the applicant was present and
satisfactorily performed infantry duties during such time as the unit was
engaged in active ground combat and that he actively participated in such
ground combat.  In fact, the Bronze Star Medal that the applicant was
awarded for meritorious service covered the period of service when he
performed duties as both a rifleman and a wheeled vehicle repairman.  In
addition, despite the fact that the applicant was awarded the Bronze Star
Medal for meritorious service in connection with ground operations against
a hostile force, there are no orders or evidence of record that shows the
applicant was awarded the Combat Infantryman Badge.  Consequently, the
absence of unit special orders tends to indicate that the applicant did not
fulfill all (emphasis added) of the criteria necessary for award of the
Combat Infantryman Badge (i.e., satisfactorily performed infantry duties
during such time as the unit was engaged in active ground combat and that
he actively participated in such ground combat). Therefore, there is
insufficient evidence upon which to base award of the Combat Infantryman
Badge in this case.

3.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 11 June 1968 through 4 June 1971 based on completion of a
period of qualifying service ending with the termination of a period of
Federal military service.  Therefore, he is entitled to correction of his
records to show this award.

4.  Records show that the applicant served in four campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 4
bronze service stars to be affixed to his Vietnam Service Medal.

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

7.  Special Orders awarded the applicant the Expert Marksmanship
Qualification Badge with Rifle Bar.  Therefore, it would be appropriate to
correct his records to properly show this badge.

8.  Special Orders awarded the applicant the Marksman Marksmanship
Qualification Badge with Machinegun Bar.  Therefore, it would be
appropriate to correct his records to show this badge

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 for award of
the Good Conduct Medal.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___RTD_  ___DED _  ___LWR_  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 exemplary
conduct, efficiency, and fidelity during the period 11 June 1968 to 4 June
1971;

      b.  correcting his DD Form 214 to delete "VIETNAM SERVICE MEDAL"
and "EX M16"; and

      c.  correcting his DD Form 214 to add the Good Conduct Medal, Vietnam
Service Medal with 4 bronze service stars, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, Expert Marksmanship Qualification Badge
with Rifle Bar, and the Marksman Marksmanship Qualification Badge with
Machinegun Bar.

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.




                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006283                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19710604                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Early Separation from Overseas          |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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