RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        19 June 2007
      DOCKET NUMBER:  AR20060017109


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Barbara J. Ellis              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |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).

2.  The applicant states, in effect, he should have been awarded the CIB
based on his combat service.

3.  The applicant provides Bronze Star Medal (BSM) with "V" (Valor) Device
Orders and 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 17 March 1972, the date of his separation.  The
application submitted in this case is dated 4 December 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 was inducted into the Army and
entered active duty on 25 August 1970.  He was trained in and awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman) and
the highest rank he attained while serving on active duty was specialist
four (SP4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows he
served in the Republic of Vietnam (RVN) from 14 February 1971 through 9
February 1972.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Company C and Company E, 1st Battalion, 501st
Infantry Regiment, 101st Airborne Division, performing duties in MOS 11B as
a rifleman.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information, or a unit commander disqualification, that would
have precluded the applicant from receiving the Army Good Conduct Medal
(AGCM).

6.  The applicant's MPRJ contains Headquarters, 101st Airborne Division
(Airmobile) General Orders Number 5833, dated 10 July 1971, which awarded
the applicant the BSM with "V" Device for his heroism in connections with
ground operations in the RVN on 29 March 1971.  The reason citation
contained in these orders states that the applicant, while the lead man
during combat operations in Quang Tri Province, RVN, spotted a force of
enemy Soldiers and immediately engaged the enemy with his rifle, and even
through the enemy immediately returned fire, he continued, in a standing
position, to place effective fire on the enemy, which enabled the remainder
of his element to maneuver.

7.  On 17 March 1970, the applicant was honorably separated after
completing
1 year, 6 months, and 23 days of active military service.  Item 24
(Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons
Awarded or Authorized) of the DD Form 214 issued to the applicant upon his
separation shows that he earned the following awards during his active duty
tenure:  National Defense Service Medal (NDSM); BSM; Air Medal (AM); RVN
Campaign Medal; Vietnam Service Medal (VSM) with 1 bronze service star; and
Expert Marksmanship Qualification Badge with Rifle Bar.

8.  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 shows that
during the applicant's tenure of assignment credit was granted for
participation in the Vietnam Counteroffensive Phase VII, Consolidation I,
and Consolidation II campaigns.

9.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

10.  Chapter 8 of the awards regulation contains guidance on the CIB.  It
states, in pertinent part, that there are three basic requirements that
must be met to support award of the CIB.  The member must have held and
been serving in an infantry MOS, must have been assigned to an infantry
unit of brigade, regimental or smaller size, and must have been personally
present and participated with the qualifying infantry unit while it was
actively engaged in ground combat with enemy forces.

11.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam 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 have been awarded the CIB was
carefully considered and found to have merit.  The evidence of record
confirms the applicant held and served in an infantry MOS in a qualifying
infantry unit while serving in the RVN.  It further confirms he was
personally present and participated in active ground combat with his unit
while it was engaged in active ground combat on 29 March 1972, as evidenced
by the BSM with "V" Device orders on file in his record.  Therefore, it
would be appropriate to award him the CIB and to add this award to his
record and separation document at this time.

2.  The applicant’s MPRJ is void of any derogatory information or a formal
disqualification from any of the active duty unit commanders for which the
applicant served.  As a result, it is concluded that the applicant
completed a period of qualifying honorable active duty service that
entitles him to receive the AGCM from 25 August 1970 through 17 March 1972.
 Therefore, it would be appropriate to award him the AGCM and to add it to
his record and separation document at this time.

3.  The applicant's record also shows that based on his RVN service and
campaign participation, he is entitled to the RVN Gallantry Cross with Palm
Unit Citation and 3 bronze service stars with his VSM.  Therefore, it would
also be appropriate to add these awards to his record at this time.

BOARD VOTE:

___BJE _  __FCJ___  __QAS__  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 Combat Infantry Badge and Army Good Conduct
Medal;

      b.  showing his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation and 3 bronze service stars with his Vietnam
Service Medal;

      c.  amending his 17 March 1972 DD Form 214 by deleting the current
list of awards in Item 24 and replacing it with the entry "National Defense
Service Medal, Bronze Star Medal with "V" Device, Air Medal, Army Good
Conduct Medal, Vietnam Service Medal with 3 bronze service stars, Republic
of Vietnam Campaign Medal with 1960 Device, Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Combat Infantryman Badge, and Expert
Marksmanship Qualification Badge with Rifle Bar"; and

      d.  providing him a correction to his DD Form 214 that includes these
changes.




                            _____Barbara J. Ellis_____
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017109                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/06/19                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1972/03/17                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Sec Auth                                |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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