RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 January 2007
      DOCKET NUMBER:  AR20060007919


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jerome Pionk                  |     |Member               |
|     |Mr. Scott Faught                  |     |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 of item 9 (Date of Birth) on his DD
Form 214 (Report of Transfer or Discharge) to show 24 May 1947 instead of 5
May 1947.  He also requests award of the Combat Infantryman Badge.

2.  The applicant states that his date of birth is incorrect on his DD Form
214 and that the Combat Infantryman Badge was omitted from his DD Form 214.

3.  The applicant provides a record of his birth and a copy of his DD Form
214.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged errors which occurred
on
14 August 1970.  The application submitted in this case is dated 25 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 DD Form 398 (Statement of Personal History), dated
24 August 1967, and his enlistment record show his date of birth is 24 May
1947. He enlisted on 2 October 1967 for a period of 2 years.  He was
awarded primary military occupational specialty (MOS) 63C (wheel vehicle
mechanic) and secondary MOS 52B (powerman generator equipment operator).
He arrived in Vietnam on 16 January 1969.  His DA Form 20 (Enlisted
Qualification Record) shows his duty MOSs were 71B20 (maintenance data
specialist), 63C, and 52B while assigned to Service Battery, 2nd Battalion,
32nd Artillery in Vietnam from 26 January 1969 through 14 August 1970.  On
14 August 1970, the applicant was released from active duty in the rank of
specialist five after completing          2 years, 11 months, and 17 days
of creditable active service with no time lost.

4.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Bronze Star Medal, the Expert Marksmanship
Qualification Badge with Rifle Bar, and the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar as authorized awards.  His date of birth
is shown as 5 May 1947.

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

6.  Headquarters, II Field Force Vietnam Artillery General Orders Number
506, dated 16 April 1970, show the applicant received the Bronze Star Medal
for meritorious achievement for the period 1 January 1970 to 6 March 1970.

7.  Headquarters, II Field Force Vietnam Artillery General Orders Number
728, dated 2 July 1970, show the applicant received the Bronze Star Medal
for meritorious service for the period January 1969 to July 1970.

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

9.  Records show the applicant participated in six campaigns during his
assignment in Vietnam.

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 the applicant's unit is entitled
to the Meritorious Unit Commendation for actions during the period 1
January 1968 to 31 January 1969 based on Department of the Army General
Orders Number 36, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to one award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation (1 September 1968 to 30 September 1970) based on
Department of the Army General Orders Number 5, dated 1973.  His unit was
cited for a second award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation
(21 February 1970 to 28 February 1971) based on Department of the Army
General Orders Number 42, dated 1972.

12.  Department of the Army Pamphlet 672-3 also shows the applicant's unit
is entitled to award of the Republic of Vietnam Civil Actions Honor Medal
First Class Unit Citation based on Department of the Army General Orders
Number 51, dated 1971.

13.  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 during
the Vietnam era that the Combat Infantryman Badge was awarded only to
enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

14.  Army Regulation 600-8-22 states, in pertinent part, that the bronze
oak leaf cluster is awarded to denote the second and succeeding awards of
certain decorations, among which is the Bronze Star Medal.

15.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated that the
Army Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier's
conduct and efficiency ratings must
have been rated as "excellent" for the entire period of qualifying service
except that a service school efficiency rating based upon academic
proficiency of at least "good" rendered subsequent to 22 November 1955 was
not disqualifying.  However, there was no right or entitlement to the medal
until the immediate commander made positive recommendation for its award
and until the awarding authority announced the award in General Orders.

16.  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.  This regulation
provides that a silver service star is authorized in lieu of five bronze
service stars.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with Device 1960.  This medal was
awarded by the Government of Vietnam to all members of the Armed Forces of
the United States for qualifying service in Vietnam during the period 1
March 1961 through 28 March 1973.  Qualifying service included assignment
in Vietnam for 6 months or more.

18.  Paragraph 6 (Miscellaneous Information) of Department of the Army
Pamphlet 672-3 states that only one award of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation may be worn; however, records
should show entitlement to all authorized awards of this foreign unit
award.




DISCUSSION AND CONCLUSIONS:

1.  Evidence of record shows the applicant was born on 24 May 1947.
Therefore, item 9 on his DD Form 214 should be corrected to show this date.

2.  Evidence of record shows the applicant held and served in MOS 63C
assigned to an artillery battalion during his assignment in Vietnam.
Records also show he served in duty MOSs 71B and 52B 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.

3.  The applicant’s DD Form 214 shows one award of the Bronze Star Medal.
However, orders show he received two awards of the Bronze Star Medal.
Therefore, his DD Form 214 should be corrected to show award of the Bronze
Star Medal with First Oak Leaf Cluster.

4.  The applicant was separated in the rank of specialist five with almost
3 years of creditable active service with no time lost.  Therefore, it
appears the applicant met the eligibility criteria for the first award of
the Good Conduct Medal for the period 2 October 1967 through 14 August 1970
based on completion of a period of qualifying service ending with the
termination of a period of Federal military service.

5.  The applicant participated in six campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star and one bronze service star.

6.  The applicant served a period of qualifying service for award of the
Republic of Vietnam Campaign Medal with Device 1960.

7.  The applicant’s unit was cited for award of the Meritorious Unit
Commendation and the Republic of Vietnam Civil Actions Honor Medal First
Class Unit Citation while he was assigned to it.

8.  The applicant's unit was awarded two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation and so he is entitled to wear one
of those awards.  However, his DD Form 214 should be corrected to show two
awards of the Republic of Vietnam Gallantry Cross with Palm Unit Citation.

9.  Records show the applicant should have discovered the alleged errors
now under consideration on 14 August 1970; therefore, the time for the
applicant to file a request for correction of any error expired on 13
August 1973.  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

JA_____  __JP____  _SF_____  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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:

      a.  awarding him the first award of the Good Conduct Medal for the
period 2 October 1967 through 14 August 1970;

      b.  deleting the entry in item 9 on his DD Form 214;

      c.  adding the entry, “24 May 47” in item 9 on his DD Form 214; and

      d.  amending his DD Form 214 to add the Good Conduct Medal, the
Bronze Star Medal with First Oak Leaf Cluster, one silver service star and
one bronze service star for wear on his already awarded Vietnam Service
Medal, the Republic of Vietnam Campaign Medal with Device 1960, the
Meritorious Unit Commendation, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and two awards of the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends



denial of so much of the application that pertains to award of the Combat
Infantryman Badge.



                            __James Anderholm___________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007919                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070109                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100.0200                                |
|2.                      |107.0111                                |
|3.                      |107.0000                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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