RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 April 2007
      DOCKET NUMBER:  AR20060013090


      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. John Infante                  |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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); and that correction of his separation document (DD Form 214).


2.  The applicant states, in effect, that after a complete review of his DD
Form 214 and other records, he discovered he should have been awarded the
CIB and that some of his DD Form 214 entries had been omitted and some had
errors.  He claims his combat service in the Republic of Vietnam (RVN) as
an infantry rifleman fully documented and should support award of the CIB.
He states
that while he was assigned as a rifleman with Company A, 2nd Battalion,
12th Infantry Regiment, he was in contact with the enemy during the Spring
1970 offensive in the Song Be area, and that his unit was the lead unit of
the assault into Cambodia during the first week of May 1970.  He claims the
CIB he should have received was never processed because he was medically
evacuated out of Cambodia with malaria.

3.  The applicant also states, in effect, that there are other errors and
omissions in his 26 June 1981 DD Form 214 that are also significant.  He
claims the total of his foreign service of 4 years, 5 months and 23 days is
incorrect, and it should account for a total of 91 months, which includes
12 months in the RVN,
27 months in Iran, 28 months in Hawaii, and 24 months in Turkey.  He also
claims the 2 Overseas Bars he received were not included on his DD Form
214, and the Army Commendation Medal (ARCOM) entry should shows 4th Oak
Leaf Cluster and not the 3rd Oak Leaf Cluster, as is indicated.  He also
states that his M-16 qualification badge is incorrect and it should be
Expert and not Sharpshooter, and that his M-14 Rifle, 81MM Mortar and 45
Caliber Pistol badges are not included on the DD Form 214.  He also states
that the Infantry Indirect Fire Crewman Course and Noncommissioned Officer
Education System Basic Course are missing from the military education
portion of his DD Form 214. Finally, he claims the reason for separation on
the DD Form 214 should show permanent disability.

4.  The applicant provides an eight page self-authored statement with the
44 enclosures identified in the statement in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 26 June 1981, the date of his retirement by reason of
temporary disability.  The application submitted in this case is dated 2
September 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 initially inducted into the Army
and entered active duty on 8 October 1969.  He was trained in, awarded, and
served in military occupational specialty 11C (Infantry Indirect Fire
Crewman).

3.  On 7 June 1970, the applicant was honorably discharged for the purpose
of enlisting in the Regular Army.  The DD Form 214 he was issued at the
time shows he completed a total of 6 months of active military service and
2 months and 16 days of overseas service in the RVN during the period
covered by the
DD Form 214 (8 October 1969-7 June 1970).

4.  On 8 June 1970, the applicant enlisted in the Regular Army (RA) for
three years.  He continued to serve on active duty and was honorably
discharged for the purpose of immediate reenlistment on 15 July 1975.  The
DD Form 214 he was issued at this time shows he completed 5 years, 1
months, and 8 days of active military service and 2 years and 13 days of
overseas service during the period covered by the DD Form 214 (8 June 1970-
15 July 1975).  It also shows he was serving in Iran at the time of his
reenlistment and that he had earned the National Defense Service Medal,
Vietnam Service Medal, RVN Campaign Medal, ARCOM, Bronze Star Medal, Army
Good Conduct Medal, and RVN Gallantry Cross with Palm Unit Citation.  On 16
July 1975, he reenlisted in the RA for
4 years.

5.  The applicant's Enlisted Qualification Record (DA Form 20), which
documents his military service from 8 October 1969 through 24 January 1975,
at which time a Personnel Qualification Record (DA Form 2-1) was prepared
to replace the
DA Form 20 shows, in Item 31 (Foreign Service), that he served in the RVN
from 22 March 1979 through 7 April 1971.

6.  Item 38 (Record of Assignments) of the applicant's DA Form 20 shows
that during his RVN tour, he was assigned to the following units for the
periods and performing the duties indicated:  Company A, 2nd Battalion,
12th Cavalry Squadron, 1st Cavalry Division, from 26 March through 15 June
1970, performing duties in MOS 11B as a rifleman; Headquarters and
Headquarters Company (HHC), 4th Transportation Command, from 16 June
through 16 July 1970, performing duties in MOS 71B as a clerk-typist; and
368th Transportation Company, from 17 July 1970 through 5 April 1971,
performing duties in MOS 71N as a documents clerk.

7.  Item 41(Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the National Defense Service Medal (NDSM), 2 Overseas Bars,
1 Service Stripe, Vietnam Service Medal (VSM), RVN Campaign Medal, ARCOM,
Bronze Star Medal (BSM), Army Good Conduct Medal (AGCM), RVN Gallantry
Cross with Palm Unit Citation, and Expert Marksmanship Qualification Badge
with Rifle Bar.

8.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 shows that he
also completed overseas tours in Iran from 3 July 1973 through 1 October
1975, Hawaii from 29 October 1975 through 21 February 1978, and Turkey from

16 June 1978 through 19 May 1980. Item 17 (Civilian Education and Military
Schools) shows he completed the following military courses:  Infantry
Indirect Fire Crewman Course (9 weeks), Fort Polk, Louisiana, 1970; Basic
Leadership Course (1 week), Fort Knox, Kentucky, 1972; and Basic
Noncommissioned Officer Course (12 weeks), Fort Eustis, Virginia, 1973.

9.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents indicating the applicant was ever recommended
for, or awarded the CIB by proper authority while serving on active duty.
It does contain orders confirming the following marksmanship qualifications
on the applicant on the dates and for the weapons indicated:  Sharpshooter,
M-14 Rifle, 26 November 1969; Expert, M-16 Rifle, 11 December 1969; Expert,
81MM Mortar, 30 January 1970; and Marksman, 45 Caliber Pistol, 30 January
1970.  It also contains ARCOM orders and a certificates confirming the
applicant was awarded five ARCOMs (ARCOM 4th Oak Leaf Cluster) during his
active duty tenure, the last (4th Oak Leaf Cluster) was awarded in
Headquarters, First ROTC Region, Fort Bragg, North Carolina, Permanent
Orders Number 40-1, dated 8 July 1981.

10.  On 26 June 1981, the applicant was honorably released from active duty
after completing a total of 11 years, 8 months, and 19 days of active
military service, and on 27 June 1981, he was placed on the Temporary
Disability Retired List (TDRL).

11.  The DD Form 214 issued to the applicant upon his retirement shows, in
Item 12f (Foreign Service), the he completed 4 years, 5 months, and 23 days

of overseas service during the period covered by the DD Form 214
(16 July 1975-26 June 1981).  It also shows, in Item 14 (Military
Education), that during the period covered by the DD Form 214, he completed
the 8-week Advanced NCOES course in May 1977, the 3-week Attache Staff
Technical Course in April 1978 and the 5-week Attache Staff Operations
Course in May 1978.

12.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons
Awarded or Authorized) of the applicant's 26 June 1981 DD Form 214 shows he
earned the following awards:  NDSM; VSM; ARCOM 3rd Oak Leaf Cluster; BSM;
RVN Gallantry Cross with Palm Unit Citation; Sharpshooter Marksmanship
Qualification Badge with Rifle (M-16) Bar; and RVN Campaign Medal.  The CIB
is not included in the list of awards and the applicant authenticated this
document with his signature on the date of his separation, 26 June 1981.

13.  On 31 August 1982, subsequent to a reevaluation by the Physical
Evaluation Board, the applicant was removed from the TDRL, and the
following day he was permanently retired, by reason of disability, in the
grade of SFC.

14.  A review of the unit history of the 2nd Battalion, 12th Cavalry
Regiment confirms the unit was awarded the Valorous Unit Award (Streamer
embroidered Fish Hook) for the period 1 through 29 May 1970, for its
actions in the incursion into the Fish Hook region in Cambodia.

15.  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.  It shows that
during the applicant's tenure of assignment, campaign credit was granted
for the Vietnam Winter-Spring, Sanctuary Counteroffensive, and Vietnam
Counteroffensive Phase VII campaigns.

16.  Chapter 8 of the same regulation contains guidance on Badges and Tabs
of U.S. Origin.  Paragraph 8-6 contains guidance on award of the CIB.  It
states,
in pertinent part, that there are three basic requirements for the CIB.
The member must hold and be serving in an infantry MOS, he must serve in an
infantry unit of brigade, regimental, or smaller size during such time as
the unit is engaged in active ground combat, and he must actively
participate in such ground combat.

17.  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 during his tenure of
assignment in the RVN, the applicant’s unit (2nd Battalion, 12th Infantry
Regiment) received the Valorous Unit Award (VUA) for the period 1 May
through 29 June 1970, which was authorized in Department of the Army
General Orders Number 5 in 1973.

18.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It
establishes standardized policy for preparing and distributing the DD Form
214.  The instructions for preparing the DD Form 214 state, in effect, that
Item 12b (Separation Date This Period) will be the date the member actually
separates from active duty.  Item 12f will contain only the overseas
service completed during the period covered by the DD Form 214.  Item 13
will contain all authorized award, as contained in the Army's awards
regulation, for all periods of service.  Item 14 will contain all formal in
service training courses completed during the period of service covered by
the separation document.  Item 28 (Narrative Reason for Separation) will be
the actual reason for separation from active duty based on the regulatory
authority for separation.  There are no provisions for modifying the
authority or reason for separation entered for discharge actions that take
place subsequent to a member's actual separation from active duty.

19.  Army Regulation 670-1 (Wear and Wear and Appearance of Army Uniforms
and Insignia) prescribes the authorization for wear, composition, and
classification of uniforms.  It also prescribes the awards, insignia, and
accouterments authorized for wear on the uniform, and how these items are
worn.  Paragraph 28-28 contains guidance on the Overseas Bar.  It states,
in pertinent part, that 1 overseas service bar is authorized for each 6-
month period active Federal service as a member of a United States Service
in Vietnam, from 1 July 1958 to 28 March 1973.  The months of arrival to,
and departure from Vietnam are counted as whole months for credit toward
the overseas service bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB based on his
service as an infantryman with the 2nd Battalion, 12th Cavalry Regiment in
the RVN was carefully considered and found to have merit.  By regulation,
in order to support award of the CIB, there must be evidence showing that a
member held and served in an infantry MOS, that he served in an infantry
unit of brigade, regimental, or smaller size during such time as the unit
is engaged in active ground combat, and that he actively participated in
such ground combat.  In this case, the applicant's record confirms he
served as an infantryman in the 2nd Battalion, 12th Cavalry Regiment, a
qualifying infantry unit.  Further, given he was serving as an infantryman
with this qualifying infantry unit during the period the unit was awarded
the VUA for its combat actions in Cambodia, it is reasonable to conclude he
actively participated in this ground combat.  As a result, it would be
appropriate and serve the interest of justice to award him the CIB at this
time.

2.  The applicant's record also contains orders confirming he received five
awards of the ARCOM (ARCOM 4th Oak Leaf Cluster), and that he is entitled
to the Expert Marksmanship Qualification Badge with Rifle (M-16)  and
Mortar Bars, Sharpshooter Marksmanship Qualification Badge with Rifle (M-
14) Bar, and Marksman Marksmanship Qualification Badge with Pistol Bar.  It
further shows that based on his service and campaign participation in the
RVN, he is entitled to the VUA and 3 bronze service stars with his VSM.
Thus, it would be appropriate to add these awards and badges to Item 13 of
his final DD Form 214.  However, Overseas Service Bars are items of wear on
the uniform and are not authorized Army awards.  Therefore, they are not
authorized to be added to Item 13 of the DD Form 214.

3.  The applicant's contention that the additional overseas service should
be added to Item 12f and the Infantry Indirect Fire Crewman Course and
Noncommissioned Officer Education System Basic Course should be added to
Item 14 of his final DD Form 214 was also carefully considered.  However,
only overseas service and military courses completed during the period
covered by the DD Form 214 are authorized to be entered in these items.
Therefore, in this case, Item 12f of the applicant's final DD Form 214
should account for only the
2 months and 17 days of his Iran tour that he completed between the
beginning date of the DD Form 214 and the end of his Iran tour (16 July
1975-2 October 1975); and for his tours in Hawaii and Turkey.  Previous
overseas service completed by the applicant was documented on previous DD
Forms 214 that were issued for the periods of service during which the
overseas service was completed.  Further, the military courses in question
were not completed during the period covered by the 26 June 1981 DD Form
214.  As a result, it appears Item 12f and Item 14 properly documents the
overseas service and military courses completed by the applicant during the
period covered by the separation document.  Therefore, there is an
insufficient evidentiary basis to support changing it now.

4.  By regulation, the authority and reason for separation entered on the
DD Form 214 will be that actual authority and reason for separation from
active duty. There are no provisions for revising these DD Form 214 entries
based on a subsequent medical determination or discharge action.  The
applicant's record confirms he separated from active duty it was for the
purpose of being placed on the TDRL, and that it was only after his
separation from active duty that his disability became permanent and he was
removed from the TDRL and permanently retired.  Therefore, the narrative
reason for separation contained in Item 28 of his final DD Form 214 was and
remains correct.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JI ___  __SAP __  __QAS __  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 awarding him the Combat
Infantryman Badge for his qualifying combat infantry service in the RVN; by
amending Item 13 of his 26 June 1981 DD Form 214 by deleting the current
list of awards and replacing it with the entry "National Defense Service
Medal, Defense Meritorious Service Medal, Bronze Star Medal, Army
Commendation Medal 4th Oak Leaf Cluster (5), Army Good Conduct Medal (3rd
Award), Valorous Unit Award, Vietnam Service Medal with 3 bronze service
stars, Republic of Vietnam Campaign Medal with Device 1960, Republic of
Vietnam Gallantry Cross with Palm Unit Citation, Combat Infantryman Badge,
Expert Marksmanship Qualification Badge with
Rifle (M-16) and Mortar Bars, Sharpshooter Marksmanship Qualification Badge
with Rifle (M-14) Bar, and Marksman Marksmanship Qualification Badge with
Pistol Bar"; and by providing him a correction to his 26 June 1981 DD Form
214 that includes these changes.

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
changing Items 12f (Foreign Service), 14 (Military Education), or Item 28
(Narrative Reason for Separation, and to adding Overseas Service Bars to
Item 13 of his 26 June 1981 DD Form 214.



                            _____John Infante________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013090                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/03/04                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1981/06/26                              |
|DISCHARGE AUTHORITY     |AR 635-40                               |
|DISCHARGE REASON        |TDRL                                    |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  46   |107.0000                                |
|2.  1021                |100.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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