RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 March 2007
      DOCKET NUMBER:  AR20060010904


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Ms. Ernestine 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, that he be awarded the National
Defense Service Medal; the Vietnam Service Medal, with two bronze service
stars; the Valorous Unit Award; three awards of the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation; the Republic of Vietnam Civil
Actions Honor Medal, First Class, Unit Citation; the Cold War Certificate;
and the Combat Infantryman Badge, and that they be added to his DD Form
214, Armed Forces of the United States Report of Transfer or Discharge.

2.  The applicant states, in effect, that he served in Vietnam during the
defensive and counteroffensive campaigns.  He fought in the Battle of Bau
Bang on 12 November 1965 which earned him the Valorous Unit Award and the
Combat Infantryman Badge.  He earned three Republic of Vietnam Gallantry
Cross with Palm Unit Citations while serving with the 1st Squadron, 4th
Cavalry Regiment, 1st Infantry Division.  He earned the Republic of Vietnam
Civil Actions Honor Medal First Class Unit Citation and the National
Defense Service Medal for serving in Vietnam, and the Cold War Certificate
for the period he was on active duty.  Many of these awards were not
approved until after he was discharged or they were not initiated by his
unit when he became eligible.

3.  In support of his application, the applicant submits a copy of his DD
Form 214; a letter addressed, "To Whom it May Concern", from the 1st
Squadron, 4th Cavalry Honorary Sergeant Major, Association of Veterans; and
a letter from a wartime fellow Soldier who served as track commander of the
armored personnel carrier to which he was assigned.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 23 January 1966, the date of his release from
active duty.  The application submitted in this case is dated 25 July 2006
and was received for processing on 2 August 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 limitation 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 record shows that he was inducted into the Army of the
United States on 24 January 1964.  He completed his basic combat training
at Fort Knox, Kentucky, and his advanced individual training at Fort Riley,
Kansas.  After completing all required training, he was awarded the
military occupational specialty (MOS), 131 (Armor Crewman).  This MOS was
converted to MOS 11D, Armor Intelligence Specialist, on 22 October 1964,
and this was the MOS in which the applicant served while in the Republic of
Vietnam.

4.  The applicant served in Vietnam from 16 September 1965 through 16
January 1966.  He served with Troop A, 1st Squadron, 4th Cavalry Regiment.

5.  The applicant was honorably released from active duty on 23 January
1966, under the provisions of Army Regulation (AR) 635-200, at the
expiration of his term of service.  He was separated in the rank/pay grade,
Specialist Four/E-4.  On the date he was released from active duty, he had
completed 2 years active military service, with no days time lost.

6.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Vietnam Service Medal; the Expert Marksmanship
Qualification Badge, with Rifle Bar (M-1 Rifle); and the Expert
Marksmanship Qualification Badge, with Pistol Bar (Pistol .45). The awards
the applicant is requesting are not shown on his DD Form 214.

7.  There is no entry in Section 9 (Medals, Decorations, and Citations), of
the applicant's DA Form 24, Service Record, showing he was awarded and
received those awards he is requesting.

8.  Section 2 (Chronological Record of Military Service), of the
applicant's DA Form 24, shows he consistently received "excellent" conduct
and efficiency ratings.  There is no evidence of any breach of good order
or discipline in his service personnel record that would preclude award of
the Good Conduct Medal.

9.  There are no orders in the applicant's military personnel records
awarding him the Combat Infantryman Badge.

10.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.
11.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Defense Campaign, which extended
from 8 March through 24 December 1965; and the Vietnam Counteroffensive,
which extended from 25 December 1965 through 30 June 1966.

12.  Department of the Army (DA) Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows the unit, Troop A, the
specific unit the applicant was assigned to, was awarded the Valorous Unit
Award, for action on 12 November 1965, by Department of the Army General
Order (DAGO) Number 20, dated 1967.

13.  DA Pamphlet 672-3 also shows the 1st Squadron, 4th Cavalry Regiment,
was awarded the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation, for the period 12 July 1965 through 16 October 1968, by DAGO 21
dated 1969.  This unit, less Troop C, was also awarded the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period October 1965 through 7 April 1970, by DAGO 53, dated 1970.  The
applicant was assigned to the unit at the time it was cited for these unit
awards.

14.  The applicant claims to have been in the 1st Squadron, 4th Cavalry
Regiment, at the time the unit was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, three times.  DA Pamphlet 672-
3 shows the 1st Squadron, 4th Cavalry Regiment, was awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 28
June through 31 August 1972 [award made to Troop F only], for the period
12 July 1965 through 16 October 1968, and for the date 8 June 1966 [award
made to Troop A only].

15.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

16.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge, with Machinegun Bar [Submachine Gun, Caliber .45] in Special Orders
Number 120, Paragraph 38, published by Headquarters, 1st Infantry Division,
Fort Riley, Kansas, on 21 May 1964.

17.  The applicant was awarded the Expert Marksmanship Qualification
Badge, with Rifle Bar [M-14 Rifle], in Special Orders Number 151,
Paragraph 29, published by Headquarters, 1st Infantry Division, Fort
Riley, Kansas, on 23 June 1965.

18.  AR 672-5-1, in effect at the time of the applicant's release from
active duty provides that the Good Conduct Medal is awarded to individuals
who distinguish themselves by their conduct, efficiency and fidelity during
a qualifying period of active duty enlisted service.  This period is 3
years except in those cases when the period for the first award ends with
the termination of a period of Federal military service.  Although there is
no automatic entitlement to the Good Conduct Medal, disqualification must
be justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

19.  AR 600-8-22 provides, in pertinent part, that the National Defense
Service Medal is awarded for honorable active service for any period
between 27 July 1950 through 27 July 1954, 1 January 1961 through 14 August
1974, 2 August 1990 through 30 November 1995, and 11 September 2001 to a
date to be determined.

20.  AR 600-8-22 provides for award of the Republic of Vietnam Campaign
Medal.  The Government of Vietnam awarded this medal 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 (emphasis added).  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 with 1960 Device.

21.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the 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.
22.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

23.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided 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.
One overseas service bar is authorized for each six-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of a
Soldier's arrival in and month of his departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

24.  The applicant has requested award of the Cold War Recognition
Certificate.  The Award of the Cold War Recognition Certificate is not
governed by the provisions of AR 600-8-22 and, as a result, is not shown on
a discharge document.  In accordance with section 1084 of the Fiscal Year
1998 National Defense Authorization Act, the Secretary of Defense approved
awarding the Cold War Recognition Certificate to all members of the armed
forces and qualified federal government civilian personnel who faithfully
and honorably served the United States anytime during the Cold War era,
which is defined as 2 September 1945 to 26 December 1991.  The applicant
may submit a request in writing to Commander, Army Human Resources Command,
Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall
Street, Alexandria, VA 22332-0473.  The applicant has been provided this
information by separate correspondence and therefore, based on this, the
applicant’s request for the Cold War Recognition Certificate will not be
discussed further in this Record of Proceedings.

DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence
must show that an applicant held and served in an infantry MOS while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, and must have served in active ground combat while assigned or
attached to this infantry unit.
2.  The applicant held and performed duties in MOS 11D in a cavalry troop
while he served in Vietnam.  There is no evidence in the applicant's
service record to show he was ever awarded a qualifying infantry MOS and
that he served in that MOS while he was in Vietnam.

3.  Based on the evidence, the applicant is not entitled to award of the
Combat Infantryman Badge and to have it added to his DD Form 214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
he did to disqualify himself from this award.  He is therefore entitled to
award of the Good Conduct Medal for the period 24 January 1964 through 23
January 1966.

5.  The applicant served honorably on active duty during a qualifying
period for award of the National Defense Service Medal.  He is therefore
entitled to this award and to have it shown on his DD Form 214.

6.  The applicant served in two campaigns while he served in Vietnam.  He
is therefore entitled to award of the Vietnam Service Medal, with two
bronze service stars, as opposed to the Vietnam Service Medal now shown on
his DD Form 214.

7.  The applicant served in a unit, which was awarded the Valorous Unit
Award; the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation;
and the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, while he was a member of the unit.  These unit awards are not
shown on his DD Form 214.  He is entitled to these unit awards and to have
them added to his DD Form 214.

8.  There is no evidence the applicant's unit was awarded three awards of
the Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, while
he was a member of the unit.  DA Pamphlet 672-3 shows the unit was
awarded the Republic of Vietnam Gallantry Cross, Unit Citation, for the
following period(s):  28 June through 31 August 1972 [award made to Troop
F only], for the period 12 July 1965 through 16 October 1968, and for the
date 8 June 1966 [award made to Troop A only].  The applicant was
assigned to Troop A, of the unit, for the period
16 September 1965 through 16 January 1966 and therefore met the criteria
for only one award of this unit citation.

9.  The applicant earned the Sharpshooter Marksmanship Qualification Badge,
with Rifle (M-14) and Machinegun Bars.  This badge is not shown on the
applicant's DD Form 214.  He is entitled to have this badge added to his DD
Form 214.

10.  The applicant served in Vietnam for 5 months.  He is therefore not
entitled to award of the Republic of Vietnam Campaign Medal with 1960
Device or to any overseas service bar(s) and to have these awards added to
his DD Form 214.

11.  Records show the applicant should have discovered the alleged error
or injustice now under consideration on 23 January 1966; therefore, the
time for the applicant to file a request for correction of any error or
injustice expired on 22 January 1969.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence and argument, it would be in the interest of justice to excuse
failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___KLW_  ___E.F. _  __CD ___  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:

      a.  deleting the Vietnam Service Medal from the applicant's DD Form
214;

      b.  awarding the applicant the Vietnam Service Medal, with two bronze
service stars and the National Defense Service Medal, and adding these
awards to his DD Form 214;

      c.  awarding the applicant the Good Conduct Medal for the period
24 January 1964 through 23 January 1966 and adding this award to his DD
Form 214;

      d.  awarding the applicant; the Valorous Unit Award; the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, and adding
these unit awards to his DD Form 214; and

      e.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle (M-14) and Machinegun Bars, to the
applicant's DD Form 214.

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
award of the Combat Infantryman Badge; three awards of the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation; and the Republic of
Vietnam Campaign Medal with 1960 Device to the applicant; and their
addition to his DD Form 214.




                            _____Kenneth Wright _____
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20060010904                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070327                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0111                                |
|3.                      |107.0033                                |
|4.                      |107.0094                                |
|5.                      |107.0095                                |
|6.                      |107.0069                                |


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