RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        8 May 2007
      DOCKET NUMBER:  AR20060015058


      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:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. Eddie L. Smoot                |     |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, when he was assigned to the 134th
Quartermaster Company in the Republic of Vietnam (RVN), his primary duty
was to secure the perimeter.

3.  The applicant provides his separation document (DD Form 214) in support
of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 1 September 1967, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 13 October 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 3 September 1964.  He was initially trained in
military occupational specialty (MOS) 11B (Light Weapons Infantryman) and
he was awarded that MOS on 15 January 1965.  He was later awarded MOS 64A
(Light Vehicle Driver) on 30 April 1966.

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows the
applicant was promoted to sergeant (SGT) on 1 June 1967, and that this is
the highest rank he attained while serving on active duty.  It also shows
he served in the RVN from 13 January 1966 through 10 January 1967.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
the
134th Quartermaster Company, performing duties in MOS 64A as a light
vehicle driver and MOS 64B as a heavy truck driver.  The list of awards
contained in  Item 41 (Awards and Decorations) does not included the CIB.
It does show he earned the Vietnam Service Medal (VSM) with 1 bronze
service star, National Defense Service Medal (NDSM), and RVN Campaign Medal
with 1960 Device.
5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate the applicant was ever recommended
for or awarded the CIB while serving on active duty.  The MPRJ does contain
orders confirming the applicant qualified with the M-14 rifle on 23 October
1964, at
Fort Jackson, South Carolina, and received the Sharpshooter Marksmanship
Qualification Badge with Rifle Bar.

6.  On 1 September 1967, the applicant was honorably REFRAD after
completing 2 years, 11 months, and 29 days of active military service.  The
DD Form 214 he was issued at the time shows he earned the NDSM, VSM with 1
bronze service star, and the RVN Campaign Medal with Device 60.  The CIB is
not included in the list of awards and the applicant authenticated this
document with his signature in Item 32 (Signature of Person Being
Transferred or Discharged) on the date of his REFRAD.

7.  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.  Appendix B of this regulation lists the qualifying campaigns
during the Vietnam conflict for which a bronze service is authorized.  It
shows that during the applicant’s tour of duty in Vietnam, he participated
in the Vietnam Counteroffensive and the Vietnam Counteroffensive Phase II
campaigns.

8.  Chapter 8 of the awards regulation contains guidance on the CIB.  It
states, in pertinent part, that the CIB is awarded to infantry officers and
to enlisted and warrant officer persons who have an infantry MOS.  They
must have served in active ground combat while serving as infantryman 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 CIB was awarded only to enlisted
individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.

9.  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 (134th Quartermaster Company)
received the Meritorious Unit Commendation (MUC) for the period June 1965
through July 1966.

10.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the RVN Gallantry Cross with Palm Unit Citation to
all personnel assigned to the RVN from 8 February 1962 through 28 March
1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB because
while serving in the 134th Quartermaster Company in the RVN, his primary
duty was perimeter security was carefully considered.  However, by
regulation, in order to support award of the CIB, there must be evidence
that the individual served in an infantry MOS while assigned to an infantry
unit of regimental, brigade or smaller size, and that he was personally
present with the qualifying infantry unit while it was actively engaged in
ground combat with hostile forces.

2.  The evidence of record confirms that while serving in the RVN, the
applicant was assigned to a Quartermaster company and was performing duties
as a light vehicle and heavy truck driver.  His record is void of any
orders or other documents showing that he was ever recommended for, or
awarded the CIB by proper authority while serving on active duty, and the
CIB is not included in the list of awards contained in Item 41 of his DA
Form 20.

3.  Further, the CIB is not included in the list of authorized awards
contained on his DD Form 214, which he authenticated with his signature on
the date of his REFRAD.  In effect, his signature on the DD Form 214 was
his verification that the information contained on the separation document,
to include the list of awards, was correct at the time the document was
prepared and issued.  Absent any evidence that the applicant served as an
infantryman with a qualifying infantry unit and was personally present with
that qualifying unit while it was engaged in active ground combat with
enemy forces, the regulatory burden of proof necessary to support award of
the CIB has not been satisfied in this case.

4.  The evidence of record does show that based on his RVN service and
campaign participation, the applicant is entitled to the MUC, RVN Gallatnry
Cross with Palm Unit Citation, and 2 bronze service stars with his VSM.  It
also shows he earned the Sharpshooter Marksmanship Qualification Badge with
Rifle Bar.  Therefore, it would be appropriate to add these awards to his
record and separation document at this time.

5.  The omission of the awards listed in the preceding paragraph from the
applicant's record is an administrative matter that does not require Board
action.  Therefore, the Case Management Support Division (CMSD), St. Louis,
Missouri, will administratively correct the record as outlined in paragraph
3 of the
BOARD DETERMINATION/RECOMMENDATION section below.
6.  Records show the applicant should have discovered the alleged error or
injustice related to award of the CIB now under consideration on 1
September 1967, the date of his separation.  Therefore, the time for him to
file a request for correction of any error or injustice expired on 31
August 1970.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS     __JLP___  __ELS    _  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 Meritorious Unit
Commendation, Republic of Vietnam Gallantry Cross with Palm Unit Citation,
2 bronze service stars with his Vietnam Service Medal, and the Sharpshooter
Marksmanship Qualification Badge with Rifle Bar.


                                  _____Linda D. Simmons_____
                                            CHAIRPERSON
                                    INDEX

|CASE ID                 |AR20060015058                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/08                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/09/01                              |
|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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