RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060006414


      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. Beverly A. Young              |     |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 correction of his DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) to show award of the
Combat Infantryman Badge (CIB) and all other awards to which he is
entitled.  He also requests correction his DD Form 214 to show his rank as
specialist five (SP5),
E-5.

2.  The applicant states he served in combat during his tour in Vietnam.
He states that his military occupational specialty (MOS) was 11C20
(Infantry Mortars), but he was never awarded the CIB.

3.  The applicant provides a copy of his DD Form 214 and special orders
promoting him to sergeant (SGT).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on 16 October 1969.  The application submitted in this case is dated 3
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 into the Army on 6 March 1968.  He completed
basic combat training and advanced individual training (AIT) at Fort Dix,
New Jersey.  At the successful completion of AIT, he was awarded MOS 11C.
He served in Germany from July 1968 to December 1968.

4.  The applicant was assigned to Company B, 2nd Battalion, 22nd Infantry,
25th Infantry Division in Vietnam on 15 February 1969 as an ammunition
bearer.

5.  He was promoted to specialist four on 10 March 1969.

6.  The applicant was awarded the CIB by Headquarters, 25th Infantry
Division, Special Orders Number 221, dated 9 August 1969.

7.  Headquarters, 25th Infantry Division, Special Orders Number 271, dated
28 September 1969, promoted the applicant to SGT with an effective date of
7 September 1969.

8.  The applicant departed Vietnam around October 1969 and was credited
with participation in three campaigns.

9.  The applicant was released from active duty on 16 October 1969.  His
DD Form 214 shows he was awarded the National Defense Service Medal, the
Republic of Vietnam Campaign Medal, the Army Commendation Medal, the
Vietnam Service Medal, and the Army Good Conduct Medal.

10.  The applicant applied to the ABCMR on 22 October 1969 for correction
of his DD Form 214 to show his rank and pay grade as SGT, E-5 with a date
of rank of 28 September 1969.

11.  The applicant was issued a DD Form 215 (Correction to DD Form 214),
dated 13 April 1970, which corrected his rank to show “Sgt (T)” in item 5a
(Grade, Rate or Rank); his pay grade to show “E-5” in item 5b (Pay Grade);
and his date of rank to show “7 Sep 69” in item 6 (Date of Rank).

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant’s
assignment to the 2nd Battalion, 22nd Infantry, this unit was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation by Department of the Army General Orders Number 51, dated 1971.

13.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant’s assignment to the 2nd Battalion, 22nd Infantry, this unit
was cited for award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation by Department of the Army General Orders Number 5, dated
1973.

14.  Army Regulation 600-8-22 (Military Awards), 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.  Special orders show the applicant was awarded the CIB.  Therefore, the
CIB should be added to his DD Form 214.

2.  A DD Form 215, dated 13 April 1970, was issued which corrected the
applicant’s rank, pay grade, and date of rank to reflect SGT, E-5, 7
September 1969.  A copy of the DD Form 215 will be provided to the
applicant.

3.  The applicant was assigned to a unit during a period it was cited for
award of the Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  Therefore, these awards should be added to his DD Form 214.

4.  The applicant received credit for participation in three campaigns
during the Vietnam War.  Therefore, his DD Form 214 should be amended to
show three bronze service stars for wear on his Vietnam Service Medal.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 October 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

LS______  PM______  DS______  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.  adding the CIB, the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation, and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation to his DD Form 214; and

      b.  showing three bronze service stars for wear on his already-
awarded Vietnam Service Medal.
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
showing his rank as SP5.




                            Linda Simmons_________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006414                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061205                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0000                                |
|2.                      |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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