RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 March 2007
      DOCKET NUMBER:  AR20060012084


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William F. Crain              |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Ms. Rea M. Nuppenau               |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he served with the 15th Combat
Engineers in the Republic of Vietnam (RVN) and was constantly engaged in
gun fire with the enemy during his RVN tour of duty.  He states that the
criteria for award of the CIB is that the unit must be an infantry unit or
attached to an infantry unit and he feels the unit he was assigned to meets
this criteria.

3.  The applicant provides a self-authored statement in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 August 1973, the date of his separation.  The
application submitted in this case is dated 10 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 enlisted in the Regular Army and
entered active duty on 22 October 1969.  He was trained in, awarded, and
served in military occupational specialty (MOS) 76P (Stock Control and
Accounting Specialist), MOS 71T (Maintenance Data Specialist) and
76S (Automotive Repair Parts Specialist).  His Enlisted Qualification
Record
(DA Form 20) shows he served in the RVN from 25 October 1970 through
22 August 1971.  During his RVN tour, he was assigned to the 15th Engineer
Company, performing duties in MOSs 76S as an automotive repair parts
specialist and in MOS 71T as a maintenance data specialist.  Item 41
(Awards and Decorations) shows that during his tenure on active duty, he
earned the National Defense Service Medal (NDSM), Parachutist Badge,
Vietnam Service Medal (VSM), RVN Campaign Medal with 60 Device, Army Good
Conduct Medal (AGCM), Sharpshooter Marksmanship Qualification Badge with
Rifle Bar, and
1 Overseas Service Bar.  The CIB is not included in Item 41 and the
applicant last audited this record on 6 June 1973.
4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents indicating that the applicant was ever
recommended for, or awarded the CIB by proper authority while serving on
active duty.

5.  On 31 August 1973, the applicant was honorably separated at the
expiration of his term of service.  The separation document (DD Form 214)
he was issued at the time shows that he completed a total of 3 years and 4
days of creditable active military service and that he accrued 10 days of
time lost due to being absent without leave from 6 through 15 October 1970.
 Item 24 Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows he earned the following awards during
his active duty tenure:  AGCM; NDSM; VSM; RVN Campaign Medal; and 1
Overseas Bar.  The CIB is not included in the list of authorized awards
contained in Item 24 and the applicant authenticated this document with his
signature in Item 32 (Signature of Person Being Transferred or Discharged)
on the date of his separation.

6.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-13 contains guidance on the VSM.  It states, in
pertinent part, that a bronze service star is authorized with this award
for each 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 the applicant's tenure of assignment, credit was granted for the
Vietnam Counteroffensive Phase VII and Consolidation I campaigns.

7.  Chapter 8 of the awards regulation contains guidance on badges and tabs
of United States origin.  Section II contains guidance on combat and
special skill badges and paragraph 2-6 contains guidance on the CIB.  It
states, in pertinent part, that there are three requirements that must be
met in order to support award of the CIB.  These requirements are that the
Soldier must be an infantryman (hold an infantry MOS) satisfactorily
performing infantry duties, he must be assigned to an infantry unit during
such time as the unit is engaged in active ground combat, and he must
actively participate in such ground combat.  Combat service, campaign
and/or battle credit alone are not sufficient to support award of the CIB.


8.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that while he was
assigned, the applicant's unit (15th Engineer Company) received the RVN
Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his combat service in the RVN with an
engineer unit should entitle him to the CIB was carefully considered.
However, by regulation, in order to support award of the CIB there must be
evidence that the member held an infantry MOS and performed infantry duties
while assigned or attached to an infantry unit (of brigade, regimental, or
smaller size) during such time as the unit is engaged in active ground
combat, and he must have actively participated in such ground combat.  His
record confirms that during his RVN tour, he held and served in non-
infantry MOSs 71T and 76S, and that he served with a non-infantry engineer
unit.

2.  Further, there are no orders or other documents on file in the
applicant's MPRJ that show he was ever recommended for, or awarded the CIB
by proper authority while serving in the RVN.  His DA Form 20 does not
include the CIB in the list of authorized awards contained in Item 41, and
he last audited this record on 6 June 1973, nearly two years after he
completed his RVN tour of duty.  In addition, the CIB is not included in
the list of authorized awards contained in Item 24 of his DD Form 214,
which he authenticated with his signature on the date of his separation.
In effect, his audit of the DA Form 20 and authentication of the DD Form
214 was his verification that the information contained on the record and
separation document was correct at the time it was prepared and issued.
Therefore, the regulatory burden of proof necessary to support award of the
CIB has not been satisfied in this case.

3.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CIB now under consideration on 31 August
1973, the date of his separation.  Thus, the time for him to file a request
for correction of any error or injustice expired on 30 August 1976.  He
failed to 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.

4.  The evidence does show that based on his RVN service and campaign
participation, he is entitled to the RVN Gallantry Cross with Palm Unit
Citation and 2 bronze service stars with his VSM.  His record also confirms
he received the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar.  The omission of these awards from his separation document is an
administrative matter and does not require action by the Board.  Therefore,
his record will
be administratively corrected 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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WFC_  __EEM__  __RMN__  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 concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the records of the
individual concerned to show his entitlement to the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, 2 bronze service stars with his
Vietnam Service Medal, and Sharpshooter Marksmanship Qualification Badge
with Rifle Bar; and by providing him a correction to his separation
document that includes these changes.




                                  _____William F. Crain_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060012084                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1973/08/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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