RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:         23 January 2007
      DOCKET NUMBER:  AR20060007988


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth L. Wright             |     |Chairperson          |
|     |Mr. Larry W. Racster              |     |Member               |
|     |Ms. Ernestine I Fields            |     |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.

2.  The applicant states, in effect, that his military occupational
specialty (MOS) was that of an infantryman.  He also states, in effect,
that he received a Certificate from the Society of the First Division in
recognition of his personal sacrifices and hardships endured, and for
services rendered his country, while his unit was engaged in deadly combat
against the enemy of the United States in the Vietnam Conflict.

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
25 November 1968, and The First Infantry Division, Cantigny War Memorial
Museum of the First Division, Wheaton, Illinois and The Society of the
First Division, Certificate of Recognition (undated).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 25 November 1968, the date of his release from active duty.
The application submitted in this case is dated 23 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 service records show that he enlisted in the
Regular Army on 10 November 1965.  Upon completion of basic combat training
and advanced individual training, the applicant was awarded MOS 11C
(Infantry Indirect Fire Crewman).

4.  The applicant's military service records show that he was assigned to
Headquarters and Headquarters Company, 1st Battalion, 16th Infantry,
1st Infantry Division in Vietnam from 5 March 1967 through 23 May 1967.  He
was then assigned to the Heavy Mortar Platoon, Headquarters and
Headquarters

Company, 2nd Battalion, 28th Infantry, 1st Infantry Division (Vietnam) from
24 May 1967 through 19 February 1968.  The applicant was released from
active duty under honorable conditions on 25 November 1968 after serving a
total of
3 years and 16 days.

5.  The applicant's DD Form 214, issued at the time of his separation,
shows in Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) that he was awarded the National
Defense Service Medal, Vietnam Service Medal, Vietnamese (i.e., Republic of
Vietnam) Campaign Medal, Expert Marksmanship Qualification Badge with Rifle
Bar, Marksman Marksmanship Qualification Badge with Pistol Bar, and
2 Overseas Service Bars.

6.  The applicant's DA Form 20 (Enlisted Qualification Record), Item 31
(Foreign Service), shows that he served in the Republic of Vietnam from 26
February 1967 through 22 February 1968.  Item 39 (Campaigns) of this
document shows that he participated in the Vietnam Counteroffensive Phase
II and Vietnam Counteroffensive Phase III campaigns.

7.  There are no orders in the applicant’s military service records which
show that he was awarded the Combat Infantryman Badge.  His DA Form 20 does
not list the Combat Infantryman Badge in Item 41 (Awards and Decorations).

8.  In support of his application, the applicant provides a copy of his DD
Form 214 and The Society of the First Division, Certificate of Recognition.
 The applicant's DD Form 214 provides evidence that he held an infantry MOS
and that he served in the Republic of Vietnam.  The Certificate of
Recognition from The Society of the First Division shows that it was
awarded by the Trustees of the Cantigny First Division Foundation and the
Society of the First Division to the applicant in recognition of his
personal sacrifices and hardships endured while assigned to the Heavy
Mortar Platoon, Headquarters Company, 2nd Battalion, 28th Infantry, 1st
Infantry Division during the Vietnam Conflict.

9.  A review of the applicant's military service records reveals that he
may be entitled to additional awards that are not shown on his DD Form 214.

10.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the following campaigns:  Vietnam Counteroffensive Phase II and Vietnam
Counteroffensive Phase III; a total of 2 campaigns.


11.  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 that at the time of the
applicant's assignment to the 1st Battalion, 16th Infantry in Vietnam, the
unit was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation by Headquarters, Department of the Army, General Orders Number 21
(1969).

12.  Department of the Army Pamphlet 672-3 also shows that at the time of
the applicant's assignment to the 1st Battalion, 16th Infantry (Vietnam),
the unit was cited for award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation by Headquarters, Department of the Army,
General Orders Number 53 (1970).

13.  Army Regulation 600-8-22, paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That 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.

14.  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 established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “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
Soldiers 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.  Award of the Combat Infantryman Badge
during the Vietnam Conflict was announced in unit special orders, normally
published at battalion or brigade level.

15.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Vietnam Service Medal.  This medal is awarded to all members of the Armed
Forces of the United States for qualifying service in Vietnam after 3 July
1965 through 28 March 1973.  Qualifying service included attachment to or
assignment for 1 or more days with an organization participating in or
directly supporting military operations.

16.  Army Regulation 600-8-22 provides, in pertinent part, for 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.

17.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Republic of Vietnam Campaign Medal with "1960" Device.  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.  Qualifying service outside the
geographical limits of the Republic of Vietnam required the individual to
provide direct combat support to the Republic of Vietnam and Armed Forces.
Individuals who had qualified for award of the Vietnam Service Medal or the
Armed Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Republic of Vietnam Campaign Medal.

18.  U.S. Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for the processing of foreign awards and decorations
presented to individuals and units.  It states, in pertinent part, that the
Republic of Vietnam Gallantry Cross Unit Citation was awarded in four
degrees:  with Palm, with Gold Star, with Silver Star, and with Bronze
Star.

19.  Army Regulation 600-8-200 provides, in pertinent part, that the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation is
awarded by the Vietnamese government as a unit award for meritorious
service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Combat Infantryman Badge because he held MOS 11C and served in combat while
assigned to Headquarters and Headquarters Company, 2nd Battalion,
28th Infantry, 1st Infantry Division in Vietnam.  However, the applicant
provides insufficient evidence in support of his claim.

2.  The evidence of record shows that the applicant held an infantry MOS
and was assigned to an infantry unit in Vietnam.  However, the evidence of
record fails to show, in fact, that the applicant met all three (emphasis
added) of the basic qualifying criteria that were required for award of the
badge during his service in Vietnam.  Specifically, that 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.  In
addition, there are no unit special orders or any other evidence of record
that shows the applicant was awarded the Combat Infantryman Badge.
Therefore, there is insufficient evidence upon which to base award of the
Combat Infantryman Badge in this case.

3.  Records show that the applicant served in two campaigns in Vietnam.
Therefore, he is entitled to correction of his records to show award of 2
bronze service stars to be affixed to his Vietnam Service Medal.

4.  The evidence of record shows that the applicant served a qualifying
period of service in Vietnam to qualify for award of the Republic of
Vietnam Campaign Medal.  Army regulation authorized award of the Republic
of Vietnam (i.e., not the "Vietnamese") Campaign Medal.  Therefore, the
applicant is entitled to correction of his records to show award of the
Republic of Vietnam Campaign Medal with "1960" Device (vice the Vietnamese
Campaign Medal).

5.  General Orders awarded the applicant's unit the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  Therefore, it would be
appropriate to correct his records to show this foreign unit award.

6.  General Orders awarded the applicant's unit the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation.  Therefore, it would
be appropriate to correct his records to show this foreign unit award.

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.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 25 November 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
24 November 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.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___KLW__  __LWR _  __EIF ___  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned, as follows:

      a.  Delete:  Vietnam Service Medal and Vietnamese Campaign Medal; and

      b.  Add:  Vietnam Service Medal with 2 bronze service stars, Republic
of Vietnam Campaign Medal with "1960" Device, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, and Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation.




                                  ____Kenneth L. Wright____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060007988                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070123                                |
|TYPE OF DISCHARGE       |GD                                      |
|DATE OF DISCHARGE       |19681125                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Expiration of Term of Service           |
|BOARD DECISION          |DENY with note                          |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0111.0000                           |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]