RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        7 December 2006
      DOCKET NUMBER:  AR20060006740


      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. Dean L. Turnbull              |     |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 an award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he did not receive his CIB and he
would like to have the award because he earned it.  Also, he is proud of
his service to the military.

3.  The applicant provides:

     a.  a copy of a Certificate for award of the Bronze Star Medal;

     b.  a copy of a Certificate and Citation for award of the Air Medal;
and

     c.  a copy of Headquarters, 101st Airborne Division (Airmobile)
General Orders, dated 5 March 1970.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 April 1971, the date of his release from active duty.  The application
submitted in this case is dated 6 May 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 records show that he entered active duty on 3 April
1969.  He completed basic combat training and advanced individual training
and was awarded the military occupational specialty 11B1O (Light Weapons
Infantryman).

4.  Item 24 (Decoration, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form  
214 (Armed Forces of the United States Report of Transfer or Discharge)
shows the National Defense Service Medal, Vietnam Service Medal, Vietnam
Campaign



Medal, Army Commendation Medal, Air Medal (2nd award), and the Bronze Star
Medal; however, it does not show award of the CIB.

5.  There are no orders in the available records which show the applicant
was awarded the CIB.

6.  The applicant's DA Form 20 (Enlisted Qualification Records), shows that
he served in the duty MOS 11B1O (Rifleman), with Headquarters and
Headquarters Company, 1st Battalion (Airmobile), 501st Infantry during the
period of  
17 September 1969 to 23 October 1969.

7.  His records further show that he served in the duty MOS 11B2O (Auto
Rifleman), with Company A, 1st Battalion (Airmobile), 501st Infantry during
the period 24 October 1969 to 27 August 1970.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the CIB 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 (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the CIB was awarded
only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G,
or 11H.

9.  The applicant's record indicates entitlement to additional awards and
decorations not shown on his DD Form 214.

10.  Army Regulation 672-5-1 (Military Awards), in effect at the time when
the service member was discharged, required that throughout a qualifying
period of service for award of the Army Good Conduct Medal the enlisted
person must have had all “excellent” conduct and efficiency ratings and no
convictions by a court-martial.  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.  With the publication of the new Army
Regulation 672-5-1, in 1974, the requirement for all excellent conduct and
efficiency ratings was dropped and an individual was required to show that
he/she willingly complied with the demands of the military environment, had
been loyal and obedient, and faithfully supported the goals of his
organization and the Army.  Today, Army Regulation  




600-8-22, which replaced Army Regulation 672-5-1, notes that there is no
automatic entitlement to the Army Good Conduct Medal and disqualification
must be justified.  Current practice requires that the commander provide
written notice of nonfavorable consideration and permits the individual to
respond.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the applicant was assigned to 1st
Battalion (Airmobile), 501st Infantry Division in the Republic of Vietnam,
when the unit was awarded the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, based on Department of the Army General Orders Number 8,
dated 1974 and Republic of Vietnam Civil Actions Honor Medal, First Class
Unit Citation, based on Department of the Army General Orders Number 48,
dated 1971.

12.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his DD Form 214 does not show any bronze service stars
indicating campaign credit.

13.  Appendix B of Army Regulation 600-8-22 shows that based on the
applicant's dates of service in the Republic of Vietnam, he participated
and received campaign credit for the Vietnam Summer-Fall 1969 (9 June 1969
to  
31 October 1969); Vietnam Winter-Spring 1970 (1 November 1969 to 30 April
1970); DA Sanctuary Counteroffensive (1 May 1970 to 30 June 1970); and
Vietnam Counteroffensive, Phase VII (1 July 1970 to 30 June 1971).  This
same regulation states that a bronze service star will be awarded for wear
on the Vietnam Service Medal for participation in each campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he never received his CIB.

2.  The evidence shows the applicant was assigned as a rifleman while
assigned to an infantry unit of brigade, regimental, or smaller size.
Also, evidence shows he was awarded the Bronze Star Medal for meritorious
achievement while participating in support of ground operations against
hostile fire, and the Air Medal while participating in an aerial combat
assault into hostile territory during the period he was assigned in the
Republic of Vietnam.  It is reasonable to presume that the applicant was
personally present and under hostile fire while serving in an assigned
infantry primary duty, in a unit actively engaged in ground combat with the
enemy.  Therefore, the Board determined the applicant is entitled to the
CIB.


3.  Records show he is entitled to the first award of the Army Good Conduct
Medal for the period 3 April 1969 to 2 April 1971 based on completion of a
period of qualifying service of less than three years, but more than one
year, ending with the termination of a period of Federal military service.
His records do not contain any adverse information and he received conduct
and efficiency ratings of “excellent” throughout his service.  Therefore he
is entitled to correction of his records to show this award.

4.  Evidence of records show that, while the applicant was assigned to
1st Battalion (Airmobile), 501st Infantry Division, the unit was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation and the
Republic of Vietnam Civil Actions Honor Medal, First Class Unit Citation.
Therefore, the applicant is entitled to correction of his records to show
these foreign unit awards.

5.  Evidence of records show the applicant was credited with participating
in four campaigns during his service in the Republic of Vietnam.
Therefore, he is entitled to correction of his record to show four bronze
service stars to be affixed to the Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 April 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
1 April 1974.  Although the applicant did not file within the ABCMR's
statue of limitations, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

___ded__  ____lwr__  ____rtd__  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 showing the award of CIB, Army Good
Conduct Medal first award for the period 3 April 1969 to 2 April 1971,
Republic of Vietnam Gallantry Cross with Palm Unit Citation, Republic of
Vietnam Civil Actions Honor Medal, First Class Unit Citation, and four
bronze service stars to be affixed to his Vietnam Service Medal.




                            ________Richard T. Dunbar__________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006740                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061207                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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