RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007199


      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. Curtis Greenway               |     |Chairperson          |
|     |Mr. Thomas Ray                    |     |Member               |
|     |Ms. Peguine Taylor                |     |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 he is qualified for the CIB and it was an
administrative oversight that the award was not put on his record.  He
states that no special order was ever presented for award of the CIB and he
believes this is an injustice.

3.  The applicant provides a copy of his DD Form 214 (Certificate of
Release or Discharge from Active Duty) and general orders awarding him the
Bronze Star Medal.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred
on 26 October 1971.  The application submitted in this case is dated 10 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 was inducted into the Army on 10 February 1970.  He
completed basic training and advanced individual training (AIT) at Fort
Ord, California.  At the completion of AIT, he was awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman).  He was
assigned to Company D, 2nd Battalion (Airmobile), 327th Infantry in Vietnam
on 23 July 1970 as a rifleman.

4.  Headquarters, 101st Airborne Division (Airmobile) General Orders Number
656, dated 19 January 1971, awarded the applicant the Army Commendation
Medal for meritorious achievement from 1 August 1970 to 31 December 1970.
The orders do not indicate he performed operations against hostile forces
during this period.

5.  The applicant received a Letter of Appreciation, dated 7 April 1971,
which commended him for his outstanding performance as Company Driver
during the period 23 July 1971 (sic) to the present.

6.  Headquarters, 101st Airborne Division (Airmobile), General Orders
Number 6974, dated 22 June 1971, awarded the applicant the Bronze Star
Medal for meritorious service from July 1970 to May 1971.  The orders do
not indicate he performed ground operations against enemy forces during
this period.

7.  The applicant departed Vietnam on 20 July 1971 and was credited with
participation in two campaigns.

8.  The applicant was honorably released from active duty on 26 October
1971.  He completed 1 year, 8 months, and 1 day of active military service
with 16 days of lost time.

9.  His DD Form 214 shows the National Defense Service Medal, the Republic
of Vietnam Campaign Medal with 1960 Device, the Vietnam Service Medal, the
Army Commendation Medal, the Bronze Star Medal, the Marksman Marksmanship
Qualification Badge with Rifle Bar, and the Second Class Gunner [Badge]
with Machinegun Bar as authorized awards.

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 2nd Battalion (Airmobile), 327th Infantry, 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
6, dated 1974.

11.  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 CIB was awarded only to enlisted individuals who
held and served in MOS 11B, 11C, 11F, 11G, or 11H.

12.  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 completed infantry training and was awarded MOS 11B.
Although he was assigned to an infantry unit in Vietnam, there is no
evidence of record which indicates he served in active ground combat while
assigned to this unit.  Therefore, he has not met the requirements for
award of the CIB.

2.  The applicant received credit for participation in two campaigns during
the Vietnam War.  Therefore, his DD Form 214 should be corrected to show
award of the Vietnam Service Medal with two bronze service stars.

3.  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 award should be added to his DD Form 214.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 October 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 October 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

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

CG______  TR______  PT______  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 administrative errors 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 the Vietnam Service Medal with two bronze
service stars and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.




                                  Curtis Greenway_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007199                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |107.0111                                |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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