RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:       13 February 2007
      DOCKET NUMBER:  AR20060011207


      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. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. William F. Crain              |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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 the Combat Infantryman Badge 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 earned this badge and wants it
on his DD Form 214.

3.  In support of his application, the applicant submits a copy of his DD
Form 214; a copy of a certificate for award of the Combat Infantryman
Badge, date 3 January 1970; and a memorandum pertinent to treatment he is
receiving at the Vet Center, Johnson City, Tennessee.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 2 June 1971, the date of his release from active duty.  The
application submitted in this case is dated 1 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 3 June 1969.  He completed his basic combat training at
Fort Jackson, South Carolina, and his advanced individual training at Fort
Gordon, Georgia.  After completing all required training, he was awarded
the military occupational specialty (MOS), 11B (Light Weapons Infantryman).
 On 6 April 1970, he was awarded the MOS 11C (Infantry Indirect Fire
Crewman) as his primary MOS.

4.  The applicant served in Vietnam from 14 November 1969 through 22
October 1970.  While in Vietnam, he served with Headquarters and
Headquarters Company, 2nd Battalion, 8th Infantry Regiment, 4th Infantry
Division.  While in this unit, he
was assigned duty positions identified for an infantry Soldier.  Item 38
(Record of Assignments), of his DA Form 20, Enlisted Qualification
Record, shows he was assigned the duties of rifleman, ammunition bearer,
gunner, and he returned to assignment as an ammunition bearer.  He
remained assigned to Headquarters and Headquarters Company throughout his
assignment in Vietnam.

5.  The applicant was honorably released from active duty, on 2 June 1971,
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 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
shows he was awarded:  the Army Commendation Medal, with oak leaf cluster;
the Good Conduct Medal; the National Defense Service Medal; the Vietnam
Service Medal, with two bronze service stars; the Republic of Vietnam
Campaign Medal; and the Marksman Marksmanship Qualification Badge, with
Rifle Bar. The Combat Infantryman Badge is not shown on his DD Form 214.

7.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, showing he was awarded the Combat Infantryman
Badge.

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

9.  The applicant submitted an award certificate showing him as the
recipient of the Combat Infantryman Badge on 3 January 1970.

10.  The applicant was awarded the Army Commendation Medal for
meritorious service for the period November 1969 to November 1970.  He
was awarded the Army Commendation Medal, with oak leaf cluster, for
meritorious achievement, for the period 1 September 1970 to 10 October
1970.  Neither of these orders shows the service and achievement which
was being recognized was in connection combat or military operations
against a hostile enemy

11.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the correct number of bronze service stars
to which the applicant is entitled for his campaign participation.
12.  While in Vietnam, the applicant participated in three campaigns of
the Vietnam War:  the Vietnam Winter-Spring 1970, which extended from
1 November 1969 through 30 April 1970; the Sanctuary Counteroffensive,
which extended from 1 May through 30 June 1970; and the Vietnam
Counteroffensive, Phase VII, which extended from 1 July 1970 through 30
June 1971.

13.  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 the applicant
was assigned to was awarded the Republic of Vietnam Gallantry Cross, with
Palm, Unit Citation, for the period 29 July 1969 through 17 November 1970,
by Department of the Army General Order (DAGO) Number 52, dated 1971.  The
applicant was assigned to the unit at the time it was cited for this unit
award.

14.  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.

15.  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.

16.  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.

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 his enlisted qualification records show he was
assigned to positions related to an infantry MOS in a company-sized
infantry unit in Vietnam; however, there is insufficient evidence to show
that he served in active ground combat while assigned or attached to this
infantry unit.

3.  While in Vietnam, the applicant received two ARCOM awards – one for
meritorious service and one for meritorious achievement; however, neither
of the general orders specifically states these awards were awarded in
connection with combat or military operations against a hostile enemy.  In
the absence of general or special orders awarding the applicant the Combat
Infantryman Badge, he is not entitled to have this badge added to his DD
Form 214.

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

5.  The applicant served in a unit, which was awarded the Republic of
Vietnam Gallantry Cross, with Palm, Unit Citation while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214.

6.  Evidence shows that the applicant’s records contain administrative
error which does 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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 June 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 1 June 1974.  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

__D_____  _WFC___  __HOF__  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 error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  deleting the Vietnam Service Medal, with two bronze service stars
from the applicant's DD Form 214;

      b.  awarding the applicant the Vietnam Service Medal, with three
bronze service stars, and adding this award to his DD Form 214; and

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214




                                  ______Hubert O. Fry, Jr._____
                                            CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060011207                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070213                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |