RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060006297


      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. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, correction of his discharge document
to show award of the Army Commendation Medal and Combat Infantryman Badge.

2.  The applicant states, in effect, that officials at the U.S. Army
Separation and Transfer Center, Fort Lewis, Washington, did not record his
Army Commendation Medal and Combat Infantryman Badge on his discharge
document at the time he was separated from the Army.  He also states, in
effect, he was informed that he would receive the awards in the mail.

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
21 September 1969; DA Form 137 (Installation Clearance Record), undated;
DA Form 4980-14 (Army Commendation Medal Certificate), dated 11 January
1970; Army Commendation Medal Award Citation; and Headquarters, I Field
Force Vietnam, General Orders Number 936, dated 27 November 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 21 September 1969, the date of his release from active duty.
The application submitted in this case is dated 27 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 was inducted into
the U.S. Army on 16 February 1968.  Upon completion of basic combat
training and advanced individual training, the applicant was awarded
military occupational specialty (MOS) 11D (Armor Intelligence Specialist).
The applicant was assigned to Troop A, 2nd Squadron, 1st Cavalry, 4th
Infantry Division in Vietnam from
9 August 1968 through 20 September 1969.  He was honorably released from
active duty on 21 September 1969 after completing 1 year, 7 months, and 5
days of active service.

4.  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 National
Defense Service Medal, Republic of Vietnam Campaign Medal, Vietnam Service
Medal, Expert Marksmanship Qualification Badge with Rifle Bar, and 2
Overseas Service Bars.

5.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 21
July 1968 through 20 September 1969.  Item 39 (Campaigns) of this document
is absent an entry.

6.  Item 38 (Record of Assignments) of the DA Form 20 shows that, on 9
August 1968, the applicant was assigned to Troop A, 2nd Squadron, 1st
Cavalry,
4th Infantry Division in Vietnam, with principal duty as a scout observer
(Duty MOS 11D1O).  On 22 October 1968, his principal duty and Duty MOS in
the unit was changed to senior scout observer (11D2O) and this document
shows that the applicant continued to serve in that Duty MOS until he
redeployed to the continental United States.

7.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Army Commendation Medal or Combat Infantryman
Badge.  In addition, his DA Form 20 does not show an entry in Item 41
(Awards and Decorations) for either of the Army Commendation Medal or
Combat Infantryman Badge.

8.  In support of his application, the applicant provides a copy of his DD
Form 214, a DA Form 137, and documents relating to an award of the Army
Commendation Medal.  The DD Form 214 documents the applicant's military
service and authorized awards and decorations.  The DA Form 137, completed
at the time the applicant redeployed from Vietnam, shows, in pertinent
part, in the Remarks section the following line entry, "6.  Awards Pending:
 ACM [Army Commendation Medal] for Service, Combat Infantryman Badge."  The
Army Commendation Medal Certificate, Award Citation, and General Orders
that the applicant provides show he was awarded the Army Commendation Medal
for meritorious service in connection with military operations against an
armed hostile force in the Republic of Vietnam during the period September
1968 to September 1969.  The award citation also shows, in pertinent part,
that the applicant served as a machine gunner on an armored personnel
carrier.


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

10.  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.

11.  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 V, Vietnam
Counteroffensive Phase VI, TET 69 Counteroffensive, and Vietnam Summer-Fall
1969; a total of 4 campaigns.

12.  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 Troop A, 2nd Squadron, 1st Cavalry (Vietnam), the
unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 52
(1971).  This document also shows that at the time of the applicant's
assignment to Troop A, 2nd Squadron,
1st Cavalry (Vietnam), the unit was awarded the Republic of Vietnam
Gallantry Cross with Silver Star Unit Citation by Headquarters, Department
of the Army, General Orders Number 24 (1972).

13.  Army Regulation 600-8-22 provides that the Army Commendation Medal may
be awarded to any member of the Armed Forces of the United States who,
while serving in any capacity with the Army after 6 December 1941,
distinguished himself or herself by heroism, meritorious achievement or
meritorious service.  As with all personal decorations, formal
recommendations, approval through the chain of command, and announcement in
orders are required.

14.  Army Regulation 600-8-22 provides, in pertinent part, that the Combat
Infantryman Badge is awarded to infantry officers and enlisted Soldiers 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.  In similar cases regarding enlisted Soldiers, the Military Awards
Branch of the
U.S. Army Human Resources Command has advised that during the Vietnam era
the Combat Infantryman Badge was awarded only to enlisted Soldiers who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

15.  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.

16.  Army Regulation 600-8-22 provides 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 Federal military
service.  Although there is no automatic entitlement to the Good Conduct
Medal, disqualification must be justified.

17.  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.

18.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his discharge document should
be corrected to show award of the Army Commendation Medal and Combat
Infantryman Badge for his service in Vietnam.  In support of his claim, the
applicant provides a copy of his Army Commendation Medal Certificate, Award
Citation, and General Orders awarding him the Army Commendation Medal.

2.  General Orders awarded the Army Commendation Medal for meritorious
service in connection with military operations against an armed hostile
force in the Republic of Vietnam during the period September 1968 to
September 1969.  Therefore, the applicant is entitled to correction of his
records to show this award.

3.  The evidence of record indicates that award of the Combat Infantryman
Badge was pending at the time of the applicant's separation from active
duty.  However, there are no unit orders or evidence of record that shows
the applicant was actually awarded the Combat Infantryman Badge.  Moreover,
the evidence of record shows that the applicant did not hold and/or serve
in any of the specifically designated MOS (i.e., MOS 11B, 11C, 11F, 11G, or
11H) authorized for award of the badge, nor was he assigned or attached to
an infantry unit of brigade, regimental or smaller size while serving in
Vietnam.  Therefore, he is not entitled to correction of his records to
show award of the Combat Infantryman Badge.

4.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 16 February 1968 through 21 September 1969 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.

5.  The evidence of record shows 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.

6.  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.

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

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 September 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
20 September 1972.  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

___BPI__  __RDG__  ___EEM_  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 16 February 1968
through
21 September 1969;

      b.  correcting his DD Form 214 to delete the Vietnam Service Medal;

      c.  correcting his DD Form 214 to add the Army Commendation Medal,
Good Conduct Medal, Vietnam Service Medal with 4 bronze service stars,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Gallantry Cross with Silver Star 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.



                            ______________________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006297                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19690921                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 5, Section VII      |
|DISCHARGE REASON        |Overseas Returnee                       |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0020.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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