RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        28 November 2006
      DOCKET NUMBER:  AR20060006939


      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:

|     |Mr. John Meixell                  |     |Chairperson          |
|     |Ms. Susan Powers                  |     |Member               |
|     |Mr. Dennis Phillips               |     |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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states the CIB is not listed on his DD Form 214 (Armed
Forces of the United States Report of Transfer or Discharge) and he was
awarded the badge around May 1970.

3.  The applicant provides a copy of his DD Form 214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 29 November 1971.  The application submitted in this case is dated 1 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 in the Regular Army on 30 January 1969 for a
period of three years.  He completed basic combat training at Fort Bragg,
North Carolina and was reassigned to Fort Knox, Kentucky for advanced
individual training (AIT).  At the successful completion of AIT, he was
awarded military occupational specialty (MOS) 11D (Armor Reconnaissance
Specialist).  He later completed basic airborne training.

4.  The applicant was assigned to Vietnam on 23 November 1969 with
Headquarters and Headquarters Company, 1st Battalion, 69th Armor,
4th Infantry Division as a scout observer in duty MOS 11D.

5.  He departed Vietnam on 4 November 1970 and was credited with
participation in three campaigns.

6.  He was promoted to sergeant on 1 September [1971].

7.  The applicant was honorably released from active duty on 29 November
1971.  He completed 2 years and 10 months of active military service with
no days of lost time.

8.  His DA Form 20 (Enlisted Qualification Record) shows he received
conduct and efficiency ratings of "excellent" throughout his service.

9.  His DD Form 214 shows he was awarded the National Defense Service
Medal, the Parachutist Badge, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal, and the Army Commendation Medal.

10.  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 the 1st Battalion, 69th Armor, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army General Orders Number 52, dated 1971.

11.  Army Regulation 600-8-22 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
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.

12.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must have been rated as "excellent" for the
entire period of qualifying service.

13.  Army Regulation 600-8-22, 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.  The applicant was awarded MOS 11D and served as an armor reconnaissance
specialist with 1st Battalion, 69th Armor, 4th Infantry Division in
Vietnam.  Therefore, he did not meet the requirements for award of the CIB.

2.  It appears the applicant has met the regulatory requirements for award
of the Army Good Conduct Medal for a qualifying period from 30 January 1969
through 29 November 1971.

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

4.  The applicant was assigned to a unit during a period it was awarded the
Republic of Vietnam Gallantry Cross with Palm Unit Citation; therefore,
this foreign unit award should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 November 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 28 November 1974.  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

JM______  SP______  DP______  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 him the Army Good Conduct Medal for the period 30
January 1969 through 29 November 1971; and

      b.  adding the Army Good Conduct Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, and the Vietnam Service Medal with
three bronze service stars on his DD Form 214.

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 CIB.




                            John Meixell___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060006939                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061128                                |
|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.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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