RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 February 2007
      DOCKET NUMBER:  AR20060011551


      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            |     |Director             |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Ted S. Kanamine               |     |Chairperson          |
|     |Mr. Larry C. Bergguist            |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |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 award of the Combat Infantryman Badge.

2.  The applicant states, in effect, that he is entitled to award of the
Combat Infantryman Badge for his service while in the Republic of Vietnam
(RVN).

3.  The applicant provides no additional documents in support of this
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice which
occurred on 23 February 1968, the date he was released from active duty.
The application submitted in this case is dated 7 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 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 record shows that he was inducted into the Army of the
United States on 7 March 1966.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 11B (Light Weapons Infantryman).  The highest rank he
attained while serving on active duty was Sergeant (SGT).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 30 October 1967 through 28 February 1968, and
that during his RVN tour he was assigned to the 3rd Battalion, 506th
Infantry Regiment, performing duties in MOS 11B, Fire Team Chief.

5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he
earned the following awards during his active duty tenure:  the National
Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the basic
Parachutist Badge, the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar
(M-14), and the Expert Marksmanship Qualification Badge with Rifle Bar (M-
16).

6.  On 23 February 1968, the applicant was honorably released from active
duty after completing a total of 1 year, 11 months, and 17 days of active
military service.

7.  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 military
occupational specialty (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 (formerly known as the Total Army Personnel 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.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “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 and warrant
officer persons who have an infantry military occupational specialty (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.

9.  A review of the applicant’s records indicates entitlement to  additional
awards and decorations that are not shown on his DD Form 214.

10.  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 unit, to which the applicant
was assigned, the 3rd Battalion, 506th Infantry Regiment, was cited for
award of the Valorous Unit Award for the period 31 January 1968 through 25
February 1968 by Department of the Army General Orders Number 43, dated
1970 and the RVN Gallantry Cross with Palm Unit Citation for the period 8
February 1962 through
28 March 1973 by Department of the Army General Orders Number 8, dated
1974.

11.  Appendix B of Army Regulation 600-8-22 (Military Awards) shows that
the applicant participated in two campaigns while assigned to the Republic
of Vietnam.  Paragraph 2-13 provides guidance on the Vietnam Service Medal.
 It states, in pertinent part, that one bronze service star is authorized
with this award for each RVN campaign a member is credited with
participating in while serving in the RVN.  Table B-1 contains a list of
RVN campaigns, and it shows that during his tenure of assignment, the
applicant was credited with participating in the Vietnam Counteroffensive,
Phase III campaign and the TET Counteroffensive campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB.

2.  There is no evidence of record nor has the applicant submitted any
evidence that shows he was awarded the CIB.

3.  There is no evidence in the applicant's military service records that
shows he served as an infantryman in action against the enemy and the
applicant has failed to provide any such evidence in support of his claim.
Therefore, he is not entitled to award of the Combat Infantryman Badge.

4.  General Orders show the unit which the applicant assigned to was
awarded the Valorous Unit Award.  Therefore, he is entitled to correction
of his records to show this award.

5.  General Orders show the unit which the applicant assigned to was
awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he is
entitled to correction of his records to show this award.

6.  Records show the applicant participated in three campaigns during his
service in Vietnam.  Therefore, he is entitled to correction of his record
to show two bronze service stars affixed to his VSM.

7.  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.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 23 February 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
22 February 1971.  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

___TSK__  ___LCB _  ___LMD_  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 to show award of
the Valorous Unit Award, the RVN Gallantry Cross with Palm Unit Citation,
and two bronze service stars affixed to his already-awarded VSM.




                            _____Ted S. Kanamine_____
                                      CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20060011551                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/02/27                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |MR. Schwartz                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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