RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 December 2006
      DOCKET NUMBER:  AR20060007388


      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. John N. Slone                 |     |Chairperson          |
|     |Mr. Lester Echols                 |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 to his records to show the award of
the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that the CIB is missing from his
records for his service during 1967 to 1968 in the Republic of Vietnam.
Also, he states that the CIB was for his combat action during the Tet
Offensive in 1968.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 July 1968, the date of his release from active duty.  The
application submitted in this case is dated 15 May 2005.

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 26 October
1966. He successfully completed basic combat training and advanced
individual training and was awarded the military occupational specialty
70A1O (Clerk).

4.  His records show he served as a 71B2O (Clerk Typist) and a 71C3O
(Stenographer) while assigned to Headquarters and Headquarters Company
(HHC) 4th Transportation Command (Terminal C) in the Republic of Vietnam
during the period 23 May 1967 to 17 April 1968.

5.  On 29 July 1968, the applicant was honorably released from active duty.
 He had served 1 year, 9 months, and 4 days of active service.




6.  Item 24 of the DD Form 214 shows the award of the National Defense
Service Medal, Vietnam Service Medal, Vietnam Campaign Medal, and Good
Conduct Medal (First Award); however, it does not show the award of the
CIB.

7.  There are no orders in the applicant's records awarding him the CIB.

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 military occupational specialty.  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 records show that he is entitled to additional awards,
which are not shown on his DD Form 214.

10.  He was awarded the Vietnam Service Medal; however, his DD Form  
214 does not show any bronze service stars indicating campaign credit.

11.  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 in
the Vietnam Counteroffensive Phase II (1 July 1966 to 31 May 1967); Vietnam
Counteroffensive Phase III (1 June 1967 to 29 January 1968); TET
Counteroffensive (30 January 1968 to 1 April 1968); and Vietnam
Counteroffensive Phase IV (2 April 1968 to 30 June 1968).  This same
regulation states that a bronze service star will be awarded for wear on
the Vietnam Service Medal for participation in each campaign.

12.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving during the Vietnam War.  This document shows the unit, to which the
applicant was assigned, HHC, 4th Transportation Command (Terminal C), was
cited for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Order Number 8, dated
1974, and Meritorious Unit Commendation based on Department of the Army
General Order Number 24, dated 1972.




DISCUSSION AND CONCLUSIONS:

1.  The applicant requests correction to his records to show the award of
the CIB.

2.  Combat action during TET Offensive in 1968 does not entitle the
applicant to the award of the CIB.  There is also no evidence in the
available records and the applicant has provided none that is sufficient
for award of the CIB.  The military occupational specialties (MOSs) 71B2O
and 71C3O are not infantry MOSs and they are not among those MOSs which
qualify an individual for the award of the CIB.  Therefore, he is not
entitled to correction of his records to show the CIB.

3.  Orders show that the HHC, 4th Transportation Command (Terminal C) was
awarded the Republic of Vietnam Gallantry Cross with Palm Unit Citation
while the applicant was assigned to the unit.  Therefore, he is entitled to
correction of his records to show this foreign unit award.

4.  Orders show that the applicant is entitled to the Meritorious Unit
Commendation.  Therefore, he is entitled to correction of his records to
show this unit award.

5.  Records show he participated in four campaigns during his service in
the Republic of Vietnam.  Therefore, he is entitled to four bronze service
stars to be affixed to his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 July 1968, the date of his release
from active duty; therefore, the time for the applicant to file a request
for correction of any error or injustice expired on 28 July 1971.  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.

7.  Evidence shows that the applicant’s records contain 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.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___le____  ___jns___  ___mjf___  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 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 the Republic of Vietnam Gallantry Cross with Palm Unit
Citation, Meritorious Unit Commendation, and four bronze service stars to
be affixed to his Vietnam Service Medal.




                                  ________John N. Slone________
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007388                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20061214                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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