RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 January 2007
      DOCKET NUMBER:  AR20060009988


      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
Separation from Active Duty) for the period ending 17 November 1978 to show
award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he served in military
occupational specialty (MOS) 11B (light weapons infantryman) while assigned
to an airborne infantry battalion in Vietnam in May 1968.  He also contends
that he was awarded the Air Medal for aerial flights.

3.  The applicant provides orders for the Bronze Star Medal and the Air
Medal; a copy of his DA Form 20 (Enlisted Qualification Record); a copy of
his DA Form
2-1 (Personnel Qualification Record); and a copy of his DD Form 214 for the
period ending 17 November 1978.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 17 November 1978.  The application submitted in this case is
dated 29 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 enlisted on 20 October 1967 for a period of 3 years.  He
was awarded MOS 36K (field wireman).  He arrived in Vietnam on 7 May 1968.
His DA Form 20 shows that his duty MOS was 11B while he was assigned to
Company C, 4th Battalion (Airborne), 503rd Infantry in Vietnam from 12 May
1968 through 1 June 1968.  His DA Form 20 also shows that he served in MOS
36K while assigned to Headquarters and Headquarters Company, 4th Battalion
(Airborne), 503rd Infantry in Vietnam from 2 June 1968 through 8 July 1970.
 On 8 July 1970, the applicant was released from active duty.

4.  The applicant’s DD Form 214 (Report of Transfer or Discharge) for the
period ending 8 July 1970 shows the National Defense Service Medal, the
Vietnam Service Medal, the Republic of Vietnam Campaign Medal with Device
1960, the Parachutist Badge, the Air Medal, the Bronze Star Medal, the Army
Commendation Medal, four awards of the Overseas Service Bar, and the
Marksman Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

5.  There are no orders which show the applicant was awarded MOS 11B.

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

7.  Records show the applicant participated in eight campaigns during his
assignment in Vietnam.

8.  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 award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
based on Department of the Army General Orders Number 51, dated 1971

9.  Department of the Army Pamphlet 672-3 also shows that 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 5, dated 1973.

10.  The applicant enlisted on 18 November 1974 for a period of 4 years.
He served as a cannon crewman and was honorably discharged on 17 November
1978.

11.  The applicant’s DD Form 214 for the period ending 17 November 1978
shows the National Defense Service Medal, the Good Conduct Medal, the
Bronze Star Medal, the Republic of Vietnam Campaign Medal with Device 1960,
the Vietnam Service Medal, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, the Parachutist Badge, the Army Commendation Medal, and
the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized
awards.

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

13.  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.

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant’s DA Form 20 shows he served in duty MOS 11B for
approximately 21 days assigned to an infantry company in Vietnam, there are
no orders awarding him MOS 11B or the Combat Infantryman Badge.  Therefore,
there is insufficient evidence on which to base award of the Combat
Infantryman Badge in this case.

2.  The applicant participated in eight campaigns during his assignment in
Vietnam which entitles him to award of the Vietnam Service Medal with one
silver service star and three bronze service stars.  Therefore, his DD Form
214 for the period ending 17 November 1978 should be corrected to show this
award.

3.  The applicant’s unit received the Republic of Vietnam Civil Actions
Honor Medal First Class Unit Citation while he was assigned to it.
Therefore, his DD Form 214 for the period ending 17 November 1978 should be
corrected to show this unit citation.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

5.  Records show the applicant should have discovered the alleged error now
under consideration on 17 November 1978; therefore, the time for the
applicant to file a request for correction of any error expired on 16
November 1981.  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

JR______  _RB____  _DT_____  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show that he was awarded the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and awarded one silver
service star and three bronze service stars for wear on his already awarded
Vietnam Service Medal and on his DD Form 214 for the period ending 17
November 1978.



                                  ___Jeffrey Redmann____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060009988                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070118                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH ADMIN NOTE                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |107.000                                 |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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