RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        11 January 2007
      DOCKET NUMBER:  AR20060007607


      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. David S. Griffin              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Bernard P. Ingold             |     |Chairperson          |
|     |Mr. Ronald D. Gant                |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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, in effect, award of the Combat Infantryman
Badge and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

2.  The applicant states, in effect, that he was an infantryman and it
would in the interest of justice to award him the Combat Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge) with an effective date of
2 February 1973 and a certificate that is written in Vietnamese.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 2 February 1973, the date he was released from active
duty.  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's military records show he was inducted on 5 May 1971.
He successfully completed basic combat and advanced individual training and
was awarded the military occupational specialty 11B10 (light weapons
infantryman).

4.  The applicant was assigned as an infantryman to Company H, Rangers,
75th Infantry, 3rd Brigade, 1st Cavalry Division (Airmobile) in Vietnam
during the period from 7 October 1971 to 19 June 1972.

5.  Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile) General
Orders Number 1062, dated 1 April 1972, awarded the applicant the Bronze
Star Medal for meritorious service, not involving participation in aerial
flight, in connection with ground operations against a hostile enemy force
in the Republic of Vietnam.

6.  Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile) General
Orders Number 1213, dated 13 April 1972, awarded the applicant the Army
Commendation Medal for meritorious achievement in connection with military
operations against a hostile enemy force in the Republic of Vietnam.

7.  On 2 February 1973, the applicant was released from active duty early
to attend school.  He had completed 1 year, 8 months, and 28 days of active
service that was characterized as honorable.

8.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant’s DD Form 214 does
not contain an entry for the Combat Infantryman Badge or the Republic of
Vietnam Gallantry Cross with Palm Unit Citation.

9.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists campaign participation credit, assault
landing credit, unit citation emblems awarded during the Vietnam Conflict,
the Grenada Operation, and the period of service subsequent to the Vietnam
Conflict up to September 1987.  This document shows that, at the time of
the applicant’s assignment to Company H, Rangers, 75th Infantry the unit
received the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period from
15 September 1965 to June 1972, based on Department of the Army General
Order Number 54, dated 1974.

10.  The applicant's records show that he is entitled to additional awards,
which he did not request and are not listed on his DD Form 214.

11.  Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile) General
Orders Number 271, dated 8 February 1972, awarded the applicant the Army
Commendation Medal with “V” device for heroism in connection with military
operations against a hostile enemy force in the Republic of Vietnam on 4
January 1972.

12.  Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile) General
Orders Number 1764, dated 16 June 1972, awarded the applicant the Air Medal
for meritorious achievement while participating in aerial flight in the
Republic of Vietnam.

13.  Headquarters, 3rd Brigade, 1st Cavalry Division (Airmobile) General
Orders Number 1885, dated 20 June 1972, awarded the applicant the Army
Commendation Medal with Oak Leaf Cluster for meritorious achievement in
connection with military operations against a hostile enemy force in the
Republic of Vietnam.
14.  Based on the applicant's dates of service in Vietnam, Table B-1 of
Army Regulation 600-8-22 (Military Awards) shows he served in the
Consolidation I Campaign (1 July 1971 - 30 November 1971); the
Consolidation II Campaign
(1 December 1971 - 29 March 1972); and the Vietnam Cease-Fire Campaign
(30 March 1972 - 28 January 1973).

15.  Department of the Army Pamphlet 672-1 shows that, at the time of the
applicant’s assignment to Company H, Rangers, 75th Infantry, the unit
received the Valorous Unit Award for the period from 10 April - October
1971, based on Department of the Army General Order Number 54, dated 1974.

16.  There is no evidence the applicant received the first award of the
Army Good Conduct Medal.  There also is no evidence the applicant was
disqualified by his chain of command from receiving the Army Good Conduct
Medal.  Records do not show indiscipline or lost time.  His records do not
contain any adverse information and he received conduct and efficiency
ratings of “excellent” throughout his service.

17.  Paragraph 8-6 of Army Regulation 600-8-22 provides for award of the
Combat Infantryman Badge.  This paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.  Specific requirements state, in effect, that an Army enlisted
soldier must have an infantry specialty, satisfactorily performed duty
while assigned or attached as a member of an infantry unit of brigade,
regimental, or smaller size during any period such unit was engaged in
active ground combat.  A recipient must be personally present and under
hostile fire while serving in an assigned infantry primary duty, in a unit
actively engaged in ground combat with the enemy.

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


19.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS and required that they must have
served in active ground combat while assigned or attached to an infantry
unit of brigade, regimental or smaller size.

20.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Valorous Unit Award to units of the Armed Forces of the United States for
extraordinary heroism in action against an armed enemy of the United States
while engaged in military operations involving conflict with an opposing
foreign force or while serving with friendly foreign forces engaged in an
armed conflict in which the United States is not a belligerent party for
actions occurring on or after 3 August 1963.  The unit must have performed
with marked distinction under difficult and hazardous conditions in
accomplishing its mission so as to set it apart from and above other units
participating in the same conflict.  The degree of heroism required is the
same as that which would warrant award of the Silver Star to an individual.

21.  Army Regulation 600-8-22 states, in pertinent part, that the Army Good
Conduct Medal is awarded to individuals who distinguish themselves by their
conduct, efficiency, and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950, to the present time, the current
standard for award of the Army Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Army
Good Conduct Medal, disqualification must be justified.

22.  Army Regulation 600-8-22 provides, in pertinent part, that the “V”
device is worn to denote participation in acts of heroism involving
conflict with an armed enemy.  Effective 29 February 1964, the “V” device
was authorized for wear on the Army Commendation Medal for heroic acts or
valorous deeds not warranting the award of the Bronze Star Medal with “V”
device.

23.  Army Regulation 600-8-22 provides, in pertinent part, that an Oak Leaf
Cluster is issued to denote award of a second and succeeding awards of
decorations (other than the Air Medal) and unit awards.

24.  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.  A silver service star is worn instead of
five bronze service stars.  The regulations state that authorized bronze
service stars will be worn on the appropriate campaign and service medal,
which in this case is the Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant was assigned as a rifleman with an MOS
of 11B while assigned to an infantry unit of brigade, regimental, or
smaller size.  The applicant’s decorations for meritorious service during
this assignment shows he more than satisfactorily performed these duties.

2.  The applicant was awarded the Army Commendation Medal for heroism.
During the period he was assigned the applicant’s unit was awarded the
Valorous Unit Award, which requires extraordinary heroism in action against
an armed enemy.

3.  The preponderance of evidence in this case shows that the applicant was
personally present and under hostile fire while serving as an infantryman
in an infantry unit actively engaged in ground combat with the enemy.
Therefore, the Board determined the applicant is entitled to the Combat
Infantryman Badge.

4.  The evidence shows the applicant is entitled to the Air Medal and the
Army Commendation Medal with two Oak Leaf Clusters and the “V” device.

5.  In the absence of evidence showing disqualification, the applicant is
entitled to the first award of the Army Good Conduct Medal based on
completion of qualifying service from 5 May 1971 to 2 February 1973 ending
with termination of a period of Federal military service.

6.  The applicant's military personnel records show he participated in
three campaigns during his service in Vietnam.  Therefore, he is entitled
to three bronze service stars to be worn on his Vietnam Service Medal.

7.  Based on the applicant's service with Company H, Rangers, 75th Infantry
he is entitled to the Valorous Unit Award and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 February 1973; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 February 1976  The applicant did not file within the 3-year statute of
limitations; however, based on the available (evidence or argument), it
would be in the interest of justice to excuse failure to timely file in
this case.
BOARD VOTE:

___bpi___  ____rdg__  ___eem_  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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 showing award of the Combat
Infantryman Badge, the Air Medal, the Army Commendation with two Oak Leaf
Clusters and the “V” device, the Army Good Conduct Medal for the period of
service from 5 May 1971 to 2 February 1973, the Valorous Unit Award, three
bronze service stars to be worn on his Vietnam Service Medal, and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation.





                            _________Bernard P. Ingold___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007607                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070111                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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