RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 May 2007
      DOCKET NUMBER:  AR20060015515


      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:

|     |Mr. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Ms. Rose M. Lys                   |     |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 that the Combat Infantryman Badge be added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states he was presented with the CIB for his service in
Vietnam.

3.  The applicant provides his DD Form 214; and a certification of his DD
Form 214 from the Office of Register of Deeds, State of Minnesota, County
of Itasca.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on   5 January 1970.  The application submitted in this case is
dated 2 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 was inducted into the Army on 3 April 1968.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to the 3d Battalion,
187th Infantry as an automatic rifleman (six months), as a light vehicle
driver (one month), and as an ammunition chief (three months).

5.  Headquarters, 101st Airborne Division General Orders Number 8617, dated
 10 July 1969, awarded the applicant the Bronze Star Medal for meritorious
service in connection with ground operations against a hostile force.

6.  The applicant departed Vietnam on 29 August 1969 after being credited
with participation in four campaigns.

7.  On 5 January 1970, the applicant was honorably released from active
duty, in pay grade E-4, after completing 1 year, 9 months, and 3 days of
creditable active service with no time lost.  His DD Form 214 shows he was
awarded the Vietnam Service Medal with two bronze service stars, the
National Defense Service Medal, the Republic of Vietnam Campaign Medal, the
Bronze Star Medal, the Army Commendation Medal, the Meritorious Unit
Commendation, and the Expert Marksmanship Qualification Badge with Rifle
Bar.

8.  The applicant’s records contain no derogatory information and show he
received “excellent” conduct and efficiency ratings throughout his service.


9.  Army Regulation 600-8-22 (Military Awards) provides for award of the
Combat Infantryman Badge 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.

10.  Army Regulation 600-8-22 authorizes award of 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.


11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

12.  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 3d Battalion, 187th Infantry, it was cited
for award of the Presidential Unit Citation for the period 10 through 21
May 1969 by Department of the Army General Orders (DAGO) Number 16 dated
1972.

13.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Valorous Unit Award for the period 17 April through 7 May
1969 by DAGO Number 2 dated 1971.

14.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Republic of Vietnam Gallantry Cross with Palm Unit
Citation for the period 19 July 1968 through 14 May 1969 by DAGO Number 43
dated 1970.

15.  Department of the Army Pamphlet 672-3 shows that, at the time of the
applicant's assignment to the 3d Battalion, 187th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 3 October 1968 through 2 May 1970 by DAGO
Number 48 dated 1971.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s records do not contain orders for the Combat
Infantryman Badge.  However, he was an infantryman assigned to an infantry
unit who performed infantry duties for the majority of his assignment, and
he had been awarded the Bronze Star Medal for meritorious service in
connection with ground operations against a hostile force.  Therefore, it
appears he met the eligibility criteria for award of the Combat Infantryman
Badge.

2.  The applicant’s DD Form 214 shows he was awarded the Vietnam Service
Medal with two bronze service stars.  However, he was credited with
participation in four campaigns which makes him eligible to wear four
bronze service stars on his Vietnam Service Medal.

3.  The applicant was honorably released from active duty in the rank of E-
4 after completing 21 months of creditable active service with no lost
time.  His records contain no derogatory information and his conduct and
efficiency had been rated as “excellent” throughout his service.  It
appears he met the eligibility criteria for award of the Army Good Conduct
Medal.

4.  The applicant was assigned to a unit during a period of time that unit
was awarded the Presidential Unit Citation, the Valorous Unit Award, the
Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation.
These unit awards should be added to his DD Form 214.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 January 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on           4 January 1973.  The applicant did not file
within the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

__rtd___  __mjf___  __rml___  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for 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:

     a.  awarding him the first award of the Army Good Conduct Medal for
the period 3 April 1968 through 5 January 1970;

     b.  awarding him the Combat Infantryman Badge; and

     c.  amending his DD Form 214 to add the first award of the Army Good
Conduct Medal, the Combat Infantryman Badge, the Presidential Unit
Citation, the Valorous Unit Award, the Republic of Vietnam Gallantry Cross
with Palm Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation, and by showing he is authorized to wear
four bronze service stars on his already-awarded Vietnam Service Medal.




                            __Richard T. Dunbar___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060015515                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070503                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.       |107.00111                               |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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