RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060013508


      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      |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Scott W. Faught               |     |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 (CIB).

2.  The applicant states he earned the CIB as a military occupational
specialty (MOS)-qualified 11B (Infantryman) in Vietnam.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 3 March 1971.  The application submitted in this case is
dated       15 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 was inducted into the Army on 4 March 1969.  He completed
basic combat training and advanced individual training and was awarded MOS
64A (Light Vehicle Driver).

4.  The applicant arrived in Vietnam and was assigned to the 63d
Transportation Company on 2 August 1969 where he performed duties as a
heavy vehicle driver.

5.  The applicant departed Vietnam on 19 July 1970 after being credited
with participation in four campaigns.

6.  The applicant was released from active duty on 3 March 1971.  His DD
Form 214 shows he was awarded the National Defense Service Medal, the
Vietnam Service Medal with three bronze service stars, and the Republic of
Vietnam Campaign Medal with device 1960.

7.  Army Regulation 600-8-22 provides for award of the CIB to a Soldier who
is an infantryman satisfactorily performing infantry duties, who is
assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and who actively participates in such ground combat.


8.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  Authorized bronze service stars will be worn on the
appropriate campaign or service medal including the Vietnam Service Medal.

9.  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 that, at the time of the
applicant's assignment to the 63d Transportation Company, it was awarded
the Meritorious Unit Commendation for the period 24 January 1969 through 31
March 1970 by Department of the Army General Orders Number 52 dated 1974.

10.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was not an infantryman, was
not assigned to an infantry unit, and did not perform the duties of an
infantryman.  The evidence of record shows he did not meet the eligibility
criteria for award of the CIB.

2.  The evidence of record shows the applicant was assigned to a unit
during a period of time it was awarded the Meritorious Unit Commendation.
Later, all units in Vietnam were awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation.  In addition, the applicant is eligible for
wear of four bronze service stars on his Vietnam Service Medal, not the
three bronze service stars shown on his DD Form 214.

3.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 3 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           2 March 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

__lds___  __jcr___  __swf___  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the DD Form 214 of the
individual concerned to add the Meritorious Unit Commendation and the
Republic of Vietnam Gallantry Cross with Palm Unit Citation and to show he
is eligible to wear four bronze service stars on his already-awarded
Vietnam Service Medal.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013508                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070405                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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