RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 December 2006
      DOCKET NUMBER:  AR20060006911


      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. Allen Raub                    |     |Chairperson          |
|     |Mr. Frank Jones                   |     |Member               |
|     |Mr. Qawiy Sabree                  |     |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 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge and
the Meritorious Service Medal.

2.  The applicant states that he was assigned to a combat support unit
while he was in Vietnam and he believes this entitles him to the Combat
Infantryman Badge.

3.  The applicant provides no additional evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
30 April 1974.  The application submitted in this case is dated 4 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 requested correction of his records to show award of the
Meritorious Service Medal.  There are no orders or other evidence
authorizing this decoration to the applicant.  In the absence of a proper
award authority for this decoration, the applicant may request award of the
Meritorious Service Medal under the provisions of Section 1130 of Title 10,
United States Code.  The applicant has been notified by separate
correspondence of the procedures for applying for this decoration under
Section 1130 and, as a result, they will not be discussed further in this
Record of Proceedings.

4.  The applicant was commissioned a Reserve officer in the U.S. Army
Reserve on 9 June 1967.  He was commissioned in the Regular Army on 3
August 1967 and entered active duty.  He arrived in Vietnam on 22 November
1969.  His DA Form 66 (Officer Qualification Record) shows he served as an
Adjutant assigned to Headquarters and Headquarters Detachment, 48th
Transportation Group in Vietnam from 13 December 1969 through 9 May 1970.
He served as a highway transportation officer assigned to the 10th
Transportation Company in Vietnam from 10 May 1970 through 21 November
1970.  On 30 April 1974, the applicant was honorably discharged.

5.  The applicant’s DD Form 214 shows his branch was Transportation Corps.
His DD Form 214 shows the Bronze Star Medal with First Oak Leaf Cluster,
the Vietnam Service Medal with three bronze service stars, the Republic of
Vietnam Campaign Medal with Device 1960, the Meritorious Unit Commendation,
two awards of the Overseas Service Bar, the Parachutist Badge, the Ranger
Tab, the National Defense Service Medal, and the Expert Marksmanship
Qualification Badge with Rifle (M-16 and M-14) Bars as authorized awards.


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

7.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to an infantry or special
forces officer in the grade of colonel of below, or an enlisted Soldier or
warrant officer with an infantry or special forces military occupational
specialty.  They must have served in active ground combat while assigned or
attached to an infantry, ranger or special forces unit of brigade,
regimental or smaller size.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant served as an Adjutant
assigned to Headquarters and Headquarters Detachment, 48th Transportation
Group and he served as a highway transportation officer assigned to a
transportation company during his assignment in Vietnam.  There is no
evidence of record which shows he served as an infantry officer 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.




2.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

3.  Evidence shows that the applicant’s records contain an administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 30 April 1974; therefore, the time for the applicant
to file a request for correction of any error expired on 29 April 1977.
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

AR_____  _FJ_____  __QS____  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.


3.  The Board determined that an administrative error in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.




                                  __Allen Raub___________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006911                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061212                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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