RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007440


      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. 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.

2.  The applicant states that the Combat Infantryman Badge was promised to
his unit when it stood down in South Vietnam in December 1971.  However,
due to the confusion and chaos, the medal was never awarded and he was
transferred to another infantry unit.

3.  The applicant provides a copy of his DD Form 214 (Report of Transfer or
Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 22 February 1973.  The application submitted in this case is
dated 8 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 on 19 May 1971.  He was awarded military
occupational specialty (MOS) 11B (light weapons infantryman).  He arrived
in Vietnam on 9 November 1971.  He served in MOS 11B assigned to Company B,
1st Battalion, 502nd Infantry in Vietnam from 21 November 1971 through
30 November 1971.  He served in MOS 11B assigned to Company D, 1st
Battalion, 502nd Infantry in Vietnam from 1 December 1971 through 31
January 1972.  He served in MOS 11B assigned to Company D, 17th Infantry in
Vietnam from 1 February 1972 through 2 August 1972.  On 22 February 1973,
the applicant was released from active duty.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal with
Device 1960, one award of the Overseas Service Bar, the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar, the Marksman Marksmanship
Qualification Badge with Rifle Bar, the “2nd Class (M-60 Machine Gun),” and
the “1st Class (81mm)” as authorized awards.

5.  There are no orders for the Combat Infantryman Badge in the applicant’s
service personnel records.

6.  Records show the applicant participated in three campaigns during his
assignment in Vietnam.

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 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.

9.  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.  Although the evidence of record shows the applicant held an infantry
MOS and served in an infantry MOS while assigned to an infantry company in
Vietnam, there are no orders for the Combat Infantryman Badge.  The
applicant’s contention has been considered; however, he provides no
evidence, such as an affidavit from his former commanding officer (with
proof he was the commander at the time) that the Combat Infantryman Badge
was “promised” to his unit when it stood down in South Vietnam in December
1971.  Therefore, there is insufficient evidence on which to base award of
the Combat Infantryman Badge in this case.



2.  The applicant participated in three campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with three
bronze service stars.

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

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 now
under consideration on 22 February 1973; therefore, the time for the
applicant to file a request for correction of any error expired on 21
February 1976.  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

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 that he was awarded the Vietnam Service Medal
with three bronze service stars and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.




                                  ____Curtis Greenway___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007440                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|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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