RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 January 2007
      DOCKET NUMBER:  AR20060009139


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Ms. Marla J.N.Troup               |     |Member               |
|     |Mr. Michael J. Flynn              |     |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 Air Medal, Combat
Infantryman Badge, and correction of his discharge document to show that
the high school he attended was located in Pinewood, South Carolina.

2.  The applicant states, in effect, that he had over 25 helicopter flights
and was awarded the Air Medal in December 1970.  He also states, in effect,
that he was assigned to a Combat Tracker Team with the 63rd Infantry
Platoon, 23rd Infantry Division in Vietnam and was involved in a firefight
while operating with the
198th Infantry Brigade.

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
20 April 1972.

CONSIDERATION OF EVIDENCE:

1.  Title 10 of the United States Code, section 1130 (10 USC 1130),
provides the legal authority for consideration of proposals for decorations
not previously submitted in timely fashion.  It allows, in effect, that
upon the request of a Member of Congress, the Secretary concerned shall
review a proposal for the award or presentation of a decoration (or
upgrading of a decoration) either for an individual or a unit, that is not
otherwise authorized to be presented or awarded due to limitations
established by law or policy for timely submission of a recommendation for
such award or presentation.  Based upon such review, the Secretary shall
make a determination as to the merits of approving the award or
presentation of the decoration.

2.  The applicant requests award of the Air Medal.  However, there are no
orders or other evidence on file in his Official Military Personnel File
(OMPF) that confirm his entitlement to this award.  In the absence of
authority for the award, the applicant may request award of the Air Medal
under the provisions of 10 USC 1130.  The applicant has been notified by
separate correspondence of the procedures for applying for the award under
10 USC 1130.  As a result, the Air Medal will not be discussed further in
this Record of Proceedings.

3.  The applicant is requesting correction of an alleged error which
occurred on 20 April 1972, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 17 June 2006.

4.  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.

5.  The applicant's military service records show that he enlisted in the
Regular Army for a period of 3 years on 17 September 1969.  Upon completion
of basic combat training and advanced individual training, the applicant
was awarded military occupational specialty (MOS) 11B (Light Weapons
Infantryman).

6.  The applicant's military service records show that he was assigned to
the Replacement Detachment, 23rd Administration Company in Vietnam from 1
May 1970 through 15 May 1970.  He was then assigned to the 63rd Infantry
Platoon as a Scout Observer from 16 May 1970 through 12 January 1971.  The
applicant was honorably REFRAD on 20 April 1972 after completing a total of
2 years,
6 months, and 28 days of active service.

7.  The applicant's DD Form 214, issued at the time of his REFRAD, shows in
Item 24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) that he was awarded the Bronze Star Medal,
National Defense Service Medal, Vietnam Service Medal, Republic of Vietnam
Campaign Medal with "1960" Device, and the Expert Marksmanship
Qualification Badge with Rifle Bar.  Item 30 (Remarks) of this document
shows that he served in Vietnam from 1 May 1970 through 13 January 1971.
In pertinent part, Item 30 also contains the entry, "MANCHESTER HIGH SCHOOL
- PINEVILLE SOUTH CAROLINA - DIPLOMA - 1968."

8.  There are no orders in the applicant’s military service records which
show that he was awarded the Combat Infantryman Badge.

9.  Item 39 (Campaigns) of the applicant's DA Form 20 (Enlisted
Qualification Record) shows that he participated in one unnamed campaign in
Vietnam.  Item 41 (Awards and Decorations) of the document does not list
the Combat Infantryman Badge.  Item 32 (Civilian Education) of the DA Form
20 shows that in 1968 the applicant graduated from Manchester High School,
Pineville, South Carolina.

10.  The applicant's military service records contain a copy of a DD Form
398 (Statement of Personal History), dated 24 February 1971.  Item 9
(Education) of this document shows, in pertinent part, that the applicant
indicated that he graduated from Manchester High School, Pinewood (emphasis
added), South Carolina in June 1968.

11.  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.

12.  The applicant's military service records contain a copy of
Headquarters,
3rd Infantry Division (Germany), General Order Number 198, dated 31 March
1972, which shows he was awarded the Good Conduct Medal for the period
17 September 1969 to 9 April 1972.

13.  Appendix B of Army Regulation 600-8-22 (Military Awards) lists the
campaigns for Vietnam.  This document shows that the applicant participated
in the Department of the Army Sanctuary Counteroffensive and Vietnam
Counteroffensive Phase VII campaigns.

14.  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 63rd Infantry Platoon, the unit was awarded
the Republic of Vietnam Gallantry Cross with Palm Unit Citation by
Headquarters, Department of the Army, General Orders Number 42 (1972).

15.  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.

16.  U.S. Army Vietnam Regulation Number 672-1 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.  In addition, in similar cases,
the Military Awards Branch of the U.S. Army Human Resources Command has
advised that Soldiers assigned to Combat Tracker Teams during the Vietnam
Conflict were not eligible for award of the Combat Infantryman Badge.

17.  Army Regulation 600-8-22 provides, in pertinent part, that the Good
Conduct Medal is awarded to individuals who distinguish themselves by their
exemplary 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 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 Good Conduct Medal, disqualification must be justified.  As with all
personal decorations, formal recommendations, approval through the chain of
command, and announcement in orders are required.

18.  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.

19.  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.

20.  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.

21.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time,
governs the requirements for the Overseas Service Bar.  In pertinent part,
it provides that a bar is authorized for wear for each period of active
Federal service as a member of the U.S. Army outside of the continental
limits of the United States for the specific time frames and areas of
operation cited in Army Regulation 670-1, or appropriate Department of the
Army message.  For Vietnam service, one Overseas Service Bar is authorized
for each period of 6 months active Federal service as a member of a U.S.
Service in Vietnam from 1 July 1958 to 28 March 1973.  Both the month of
arrival and the month of departure from Vietnam are counted as whole months
for credit toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that he is entitled to award of the
Combat Infantryman Badge because he was assigned to a Combat Tracker Team
with the 63rd Infantry Platoon and involved in a firefight while operating
with the
198th Infantry Brigade, 23rd Infantry Division in Vietnam. The applicant
further contends that his discharge document should be corrected to show
the high school he attended was located in Pinewood, South Carolina.

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.  Moreover, the evidence of record shows that Soldiers
assigned to Combat Tracker Teams during the Vietnam Conflict were not
eligible for award of the Combat Infantryman Badge.  Therefore, in view of
the foregoing, there is insufficient evidence upon which to base award of
the Combat Infantryman Badge in this case.

3.  The evidence of record shows that the applicant indicated on a DD Form
398 that the high school he attended (i.e., Manchester High School) was
located in Pinewood, South Carolina.  The evidence of record also shows
that the name of the town in which the high school was located was recorded
on the applicant's
DA Form 20 as "Pineville" (vice "Pinewood").  It appears this
administrative error was then carried forward and repeated when the
applicant's DD Form 214 was prepared at the time of his separation from
active duty.  Therefore, the applicant is entitled to correction of his
discharge document to show the correct town of the applicant's high school.

4.  General Orders awarded the applicant the Good Conduct Medal.
Therefore, it would be appropriate to correct his records to show this
award.

5.  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.

6.  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.

7.  Records show that the applicant served a total of 8 months in Vietnam.
Therefore, he is entitled to correction of his records to show award of 1
Overseas Service Bar.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 20 April 1972; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on
19 April 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:

________  ________  ________  GRANT FULL RELIEF

___RTD__  _M.J.N.T  ___MJF _  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 showing the following
corrections to the applicant's
DD Form 214, with an effective date of 20 April 1972:

     a.  Item 24  (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized).
      Delete:  "VIETNAM SERVICE MEDAL"
      Add:      "GOOD CONDUCT MEDAL; VIETNAM SERVICE MEDAL WITH 2 BRONZE
SERVICE STARS; REPUBLIC OF VIETNAM GALLANTRY CROSS WITH PALM; 1 OVERSEAS
SERVICE BAR"

     b.  Item 30  (Remarks).
          Delete:  "MANCHESTER HIGH SCHOOL - PINEVILLE SOUTH CAROLINA -
DIPLOMA - 1968"
          Add:      "MANCHESTER HIGH SCHOOL - PINEWOOD SOUTH CAROLINA -
DIPLOMA - 1968"

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
the Combat Infantryman Badge.




                            _____Richard T. Dunbar_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009139                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/01/25                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19720420                                |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0018.0000                           |
|2.                      |107.0111.0000                           |
|3.                      |100.0000.0000                           |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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