RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060008472


      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. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Mr. Rodney E. Barber              |     |Member               |
|     |Mr. David W. Tucker               |     |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, in effect, that he never received the badge
before he left the Republic of Vietnam.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 24 February 1972, the date of his separation from active duty.
The application submitted in this case is dated 24 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 into the Army on 18 March 1968.  After
completion of basic and advanced individual training, he was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).  The
applicant served in the Republic of Vietnam during the period 12 December
1969 through 17 November 1970.  He immediately reenlisted on 19 March 1970
to continue serving in the Republic of Vietnam.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the DD Form 214 (Armed Forces of
the United States Report of Transfer or Discharge) shows that he was
awarded the National Defense Service Medal, the Good Conduct Medal (First
Award), the Republic of Vietnam Service Medal with one bronze star, the
Republic of Vietnam Campaign Medal with 1960 device, and two Overseas bars.


5.  There are no orders in the available records that awarded the applicant
the Combat Infantryman Badge.

6.  Item 38 (Record of Assignments) of the DA Form 20 (Enlisted
Qualification Record) shows that while serving in the Republic of Vietnam,
the applicant was assigned to Company A, 3rd Battalion, 22nd Infantry of
the 25th Infantry Division during the period 22 December 1969 through 29
March 1970 in the MOS 11B.

7.  A review of the 25th Infantry Division's history shows that during the
1960s and 1970s, this division known as "Tropic Lighting" was heavily
involved in missions in South Vietnam.  During the 1968 through 1970, the
division was engaged in battles around Saigon and the vital Ton Son Nhut
airfield.

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 military
occupational specialty (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 (formerly known as the Total Army Personnel Command) has
advised, in similar cases that during the Republic of Vietnam era the
Combat Infantryman Badge were awarded only to enlisted individuals who held
and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  Review of the applicant's personnel records indicates that he is
entitled to additional awards that are not shown on his DD Form 214.

10.  Headquarters U.S. Army Support Command Cam Ranh Bay General Orders
Number 804, dated 12 November 1970, awarded the applicant the Army
Commendation Medal for meritorious service during the period April 1970
through December 1970.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows that, at the time of the applicant's
assignment to 3rd Battalion, 22nd Infantry of the 25th Infantry Division,
the unit was cited for award of the Valorous Unit Award during the period 1
September 1968 through 30 September 1970 by Department of the Army General
Orders Number 5, dated 1973.  This unit was also awarded the Republic of
Vietnam Civil Actions Honor Medal, First Class during the period 1 August
1967 through 21 January 1970 by Department of the Army General Orders
Number 51, dated 1971.

12.  Department of the Army Pamphlet 672-3 also shows that the applicant is
entitled to award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation based on Department of the Army General Orders Number 8, dated
1974.
13.  The applicant's records show that he was awarded the Republic of
Vietnam Service Medal with one bronze service star.  The applicant's
service records indicate he participated in the Vietnam Winter – Spring
1970, the DA Sanctuary Counteroffensive, and the Vietnam Counteroffensive
Phase VII campaigns.

14.  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.  The applicant requests award of the Combat Infantryman Badge.

2.  Evidence shows that during the applicant's service in the Republic of
Vietnam, he served in an infantry MOS while assigned to an infantry unit.
The history of the 25th Infantry Division shows that during the applicant's
assignment, the division was heavily involved in combat.  However, this
evidence does not specifically show that the applicant was directly
involved combat.  Therefore, this evidence is not sufficient to show that
the applicant meets the criteria for award of the Combat Infantryman Badge
and as a result there is no basis to grant the relief requested.

3.  Orders awarded the applicant the Army Commendation Medal for
meritorious service.  Therefore, he is entitled to correction of his
records to show this award.

4.  Orders awarded the applicant's unit the Valorous Unit Award and the
Republic of Vietnam Civil Actions Honor Medal, First Class.  Therefore, he
is entitled to correction of his records to show these awards.

5.  Orders awarded the applicant the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  Therefore, he is entitled to correction of his
records to show this award.

6.  Evidence shows the applicant was awarded the Republic of Vietnam
Service Medal with one bronze service star.  Evidence further shows he
participated in three campaigns during his service in the Republic of
Vietnam.  Therefore, he is entitled for correction of his records to show
an additional two bronze service stars to be affixed to his Republic of
Vietnam Service Medal.



7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 24 February 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 23 February 1975.  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:

_JCR___  _DWT___  __REB __  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  Notwithstanding the staff DISCUSSION AND CONCLUSIONS above, the Board
determined during their review that the evidence presented was sufficient
to warrant a recommendation for relief and 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 awarding the Army Commendation
Medal, the Valorous Unit Award, the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and affixing two additional bronze service stars
to the already-awarded Republic of Vietnam Service Medal.

2.  The Board further determined that the evidence presented is sufficient
to
award the Combat Infantryman Badge.  The determination is based on a
unanimous vote in that the applicant served in MOS 11B, while assigned to
an infantry unit in Vietnam which was heavily involved in missions in South
Vietnam. Additionally, a logical case could be made that since he was
assigned to Company A, 3rd Battalion, 22nd Infantry, 25th Infantry Division
he was involved in ground combat.




                                _Jeffrey C. Redmann__
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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