RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        30 November 2006
      DOCKET NUMBER:  AR20060006767


      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:

|     |Mr. William Crain                 |     |Chairperson          |
|     |Ms. Alice Muellerweiss            |     |Member               |
|     |Mr. Donald Lewy                   |     |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 item 18f (Foreign and/or Sea
Service This Period) on his DD Form 214 (Report of Separation from Active
Duty) for the period ending 28 April 1978 to show his service in Vietnam.
He also requests award of the Combat Infantryman Badge.

2.  The applicant states that he served one year in Vietnam and his
overseas duty is listed as “00 00 00” on this DD Form 214.  He also states
that he was awarded the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 for the period ending
on
28 April 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
28 April 1978.  The application submitted in this case is dated 2 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 enlisted on 1 March 1967 for a period of 3 years.  His DA
Form 2-1 (Personnel Qualification Record) shows that he served in Vietnam
from
22 August 1967 through 21 August 1968, a total of 1 year.  On 3 March 1969,
he was honorably discharged for immediate reenlistment.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the
period ending 3 March 1969 shows his military occupational specialty (MOS)
was 11C (infantry indirect fire crewman).  Item 22c (Foreign and/or Sea
Service) on this DD Form 214 shows that he served 1 year in Vietnam.  This
DD Form 214 shows the National Defense Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Vietnam Service Medal, and the
Marksman Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

5.  The applicant’s DA Form 20 (Enlisted Qualification Record) is not
available.

6.  There are no orders for the Combat Infantryman Badge in the available
records.

7.  The applicant reenlisted on 4 March 1969 for a period of 6 years.  He
served in Panama from 28 May 1969 through 2 November 1970 and served in
Germany from 10 April 1972 through 31 March 1975.  On 29 April 1975, the
applicant was honorably discharged for immediate reenlistment.

8.  The applicant’s DD Form 214 for the period ending 29 April 1975 shows
the National Defense Service Medal, the Vietnam Service Medal, the Republic
of Vietnam Campaign Medal with Device 1960, and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation as authorized awards.

9.  The applicant reenlisted on 30 April 1975 for a period of 3 years.  On
28 April 1978, the applicant was honorably discharged.

10.  The applicant’s DD Form 214 for the period ending 28 April 1978 shows
the National Defense Service Medal, the Vietnam Service Medal with four
bronze service stars, the Republic of Vietnam Campaign Medal with Device
1960, the Good Conduct Medal, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation as authorized awards.

11.  Item 5 (Oversea Service) on the applicant’s DA Form 2-1 does not show
that he served any overseas service during the period 30 April 1975 to 28
April 1978.

12.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  In pertinent part, it directs that foreign
service performed during the period covered by the DD Form 214 will be
entered in items 22c or (depending on the version used at the time) 18f.
The regulation also states that the amount of foreign service will be taken
from the Soldier’s Enlisted Qualification Record or, if necessary, verified
from the Soldier’s Military Personnel Records Jacket.

13.  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.
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record supports the applicant’s contention that he
served one year in Vietnam.  His DA Form 2-1 shows that he served in
Vietnam from
22 August 1967 through 21 August 1968.  In accordance with the governing
regulation, his DD Form 214 for the period ending 3 March 1969 properly
reflects this service in Vietnam in item 22c.  Based on the foregoing,
there is no basis for granting the applicant’s request to amend item 18f on
his DD Form 214 for the period ending 28 April 1978 to show his service in
Vietnam.  A copy of this DD Form 214 will be sent to him.

2.  Although the applicant’s DD Form 214 for the period ending 3 March 1969
shows his MOS as 11C, there is no evidence of record which shows he served
in active ground combat while an assigned member of an infantry unit of
brigade or smaller size in Vietnam.  Therefore, there is insufficient
evidence on which to base award of the Combat Infantryman Badge in this
case.

3.  Records show the applicant should have discovered the alleged errors
now under consideration on 28 April 1978; therefore, the time for the
applicant to file a request for correction of any error expired on 27 April
1981.  The applicant did not file within the 3-year statute of limitations
and has not provided a compelling explanation or evidence to show that it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

WC_____  __AM___  __DL____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented does not demonstrate
the existence of a probable error or injustice.  Therefore, the Board
determined that the overall merits of this case are insufficient as a basis
for correction of the records of the individual concerned.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.



                                  __William Crain______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006767                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061130                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0000                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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