RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        14 November 2006
      DOCKET NUMBER:  AR20060007560


      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 Bronze Star Medal with “V” Device
and the Combat Infantryman Badge.

2.  The applicant states that when he left Vietnam he was told by his
commanding officer that he would receive the Bronze Star Medal with “V”
Device and the Combat Infantryman Badge when he arrived at Fort Lewis,
Washington.  He contends that he was never given any paperwork to take with
him and he never received the medals.  In a letter, dated 15 May 2006, he
states that he was with what was referred to as a “Bastard Unit” because
they had no particular Division and they were attached to the 101st
Airborne Division, the 82nd Airborne Division, and the 3rd Marine Division.
 He also contends that he was in combat and that he spent a lot more than
the 30 days required with the infantry to be entitled to the Combat
Infantryman Badge.

3.  The applicant provides a letter, dated 12 May 2005, from the National
Personnel Records Center, St. Louis, Missouri.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
13 March 1969.  The application submitted in this case is dated 16 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
Bronze Star Medal with “V” Device.  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
Bronze Star Medal with “V” Device 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 enlisted on 22 March 1966 for a period of 3 years.  He
was awarded military occupational specialty (MOS) 11E (armor crewman).  He
arrived in Vietnam on 24 March 1968.  His DA Form 20 (Enlisted
Qualification Record) shows he served in duty MOS 13F (field artillery
gunner) assigned to Battery D, 1st Battalion, 44th Artillery in Vietnam
from 6 April 1968 through 12 March 1969.  On 13 March 1969, the applicant
was released from active duty.

5.  The applicant’s DD Form 214 (Report of Transfer or Discharge) shows the
National Defense Service Medal, the Vietnam Service Medal, the Republic of
Vietnam Campaign Medal with Device 1960, the Good Conduct Medal, the
Presidential Unit Citation, two awards of the Overseas Service Bar, the
Expert Marksmanship Qualification Badge with Pistol Bar, and the Marksman
Marksmanship Qualification Badge with Rifle Bar as authorized awards.

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

7.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

8.  A DD Form 215 (Correction to DD Form 214), dated 9 May 2006, amended
the applicant’s DD Form 214 to add the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.

9.  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.

10.  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.  Evidence of record shows the applicant held MOS 11E and served in duty
MOS 13F while assigned to an artillery battery during his assignment in
Vietnam. There is no evidence of record which shows the applicant held an
infantry MOS and served 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 applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

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 13 March 1969; therefore, the time for the applicant
to file a request for correction of any error expired on 12 March 1972.
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 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 Vietnam Service Medal
with four bronze service stars.




                                  ___Curtis Greenway____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007560                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061114                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0014                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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