RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060009525


      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. Jeffrey Redmann               |     |Chairperson          |
|     |Mr. Rodney Barber                 |     |Member               |
|     |Mr. David 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 correction of his DD Form 214 (Report of
Transfer or Discharge) to show award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he was awarded the Combat
Infantryman Badge; however, the badge is not indicated on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and orders for the
Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
5 January 1972.  The application submitted in this case is dated 27 June
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 are not available to the Board.  This
case is being considered using reconstructed records, which primarily
consist of his DD Form 214, enlistment contract, and limited service
personnel records.

4.  The applicant enlisted on 28 March 1969 for a period of 3 years.  He
was awarded military occupational specialty 11B (Light Weapons
Infantryman).  He served as an infantryman in Vietnam from 20 August 1969
through 25 August 1970.  On 5 January 1972, he was released from active
duty.

5.  The applicant’s DD Form 214 shows the National Defense Service Medal,
the Vietnam Service Medal, the Army Commendation Medal with “V” Device, the
Air Medal, the Army Commendation Medal, the Republic of Vietnam Campaign
Medal with Device 1960, two awards of the Overseas Service Bar, and the
Expert Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

6.  Headquarters, 1st Cavalry Division (Airmobile) Special Orders Number
28, dated 28 January 1970, show the applicant received the Combat
Infantryman Badge.
7.  Records show the applicant participated in four campaigns during his
assignment in Vietnam.

8.  Department of the Army General Orders Number 8, 1974, announced award
of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U.S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
U.S. Army Vietnam and its subordinate units during the period 20 July 1965
to
28 March 1973.

9.  Army Regulation 600-8-22 (Military Awards), 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.  Orders show the applicant received the Combat Infantryman Badge.

2.  The applicant participated in four campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with four
bronze service stars.

3.  The Republic of Vietnam Gallantry Cross with Palm Unit Citation was
awarded to all units which served in Vietnam.

4.  Records show the applicant should have discovered the alleged error now
under consideration on 5 January 1972; therefore, the time for the
applicant to file a request for correction of any error expired on 4
January 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:

JR_____  _RB_____  __DT____  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 amending his DD Form 214 to add the
Combat Infantryman Badge, two bronze service stars for wear on his already
awarded Vietnam Service Medal, and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.



                            __Jeffrey Redmann_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009525                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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