RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 April 2007
      DOCKET NUMBER:  AR20060014281


      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      |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Kenneth Wright                |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Ms. Ernestine Fields              |     |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 his Report of Transfer or Discharge (DD
Form 214) be corrected to show that he was awarded the Bronze Star Medal
with "V" Device.  He also requests that he be awarded the Combat
Infantryman Badge.

2.  The applicant states that the Bronze Star Medal with "V" Device and the
Combat Infantryman Badge are not reflected on his DD Form 214.

3.  The applicant provides in support of his application, a copy of General
Orders Number 1150 dated 7 April 1971, awarding him the Bronze Star Medal
with "V" Device.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 16 February 1972.  The application submitted in this case
is dated 28 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 13 August 1970 and he
successfully completed his training as an infantry indirect fire crewman
(11C2O).  On 16 December 1970, he was transferred to Vietnam and he was
assigned to Company C, 1st Battalion, 27th Infantry, 2nd Brigade, 25th
Infantry Division.

4.  On 7 April 1971, General Orders Number 1150 were published awarding the
applicant the Bronze Star Medal with "V" Device for heroism in connection
with military operations against a hostile force on 5 March 1971 while
serving as a rifleman.  His records show that when the orders were
published he was still assigned to Company C, 1st Battalion, 27th Infantry,
2nd Brigade, 25th Infantry Division.


5.  The applicant returned to the Continental United States on 29 November
1974 and he was assigned to the 15th Adjutant General Replacement
Detachment, 1st Cavalry Division.

6.  The available records indicate that the applicant's conduct and
efficiency ratings were excellent while he was on active duty in the Army.

7.  The applicant was honorably released from active duty (REFRAD) on
16 February 1972, under the provisions of Army Regulation 635-200 and Part
II Department of the Army Message DAPE-MPP 102035Z December 1971
(separation for other good and sufficient reason when determined by
secretarial authority and phase down release programs).  He had completed 1
year, 6 months, and 4 days of net active service and he was transferred to
the United States Army Reserve Control Group (Annual Training) to complete
his Reserve obligation.

8.  The DD Form 214 that he was furnished at the time of his REFRAD
indicates that he was awarded the National Defense Service Medal, the
Vietnam Service Medal with two Bronze Service Stars, the Republic of
Vietnam Campaign Medal, the Army Commendation Medal, the Bronze Star Medal,
and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat 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 Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualified
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.  The enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  Ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service and efficiency ratings based
upon academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

DISCUSSION AND CONCLUSIONS:

1.  According to the applicable regulation, the applicant is entitled to
the Combat Infantryman Badge.  He held an 11C2O` military occupational
specialty and he was assigned to an Infantry division when he was in
Vietnam.  He was awarded the Bronze Star Medal with "V" Device for heroism
in connection with military operations against a hostile force on 5 March
1971 while serving as a rifleman.  Therefore, he is entitled to the Combat
Infantryman Badge and his records should be corrected to reflect his
entitlement.

2.  The records show that General Orders Number 1150 were published on
7 April 1971, awarding the applicant the Bronze Star Medal with "V" Device
and it appears that during the preparation of his DD Form 214 the
"V" Device was erroneously omitted.  Inasmuch as he is entitled, his DD
Form 214 should be correct to show that he was awarded the Bronze Star
Medal with "V" Device.

3.  The available records also show that the applicant is entitled to the
Army Good Conduct Medal.  His conduct and efficiency ratings were excellent
while he was in the Army and there is no evidence in the available record
that disputes his entitlement.  Consequently, it would be in the interest
of justice to correct his DD Form 214 to include the Army Good Conduct
Medal.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 16 February 1972; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 15 February 1975.  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:

__KW___  ___LD___  ___EF __  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 Infantryman Badge on 5 March 1971, while
serving in Vietnam in the rank and pay grade of private first class (E-3);


      b.  awarding him the Army Good Conduct Medal for the period covering
13 August 1970 through 16 February 1972, while serving in the rank and pay
grade of specialist four (E-4); and


      c.  amending his DD Form 214 to show his entitlement to the Bronze
Star Medal with "V" Device, the Combat Infantryman Badge, and the Army Good
Conduct Medal.





                            _____Kenneth Wright________
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060014281                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070410                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  47   |107.0000/AWARDS AND DECORATIONS         |
|2.  60                  |107.0014/BRONZE STAR MDL W/"V" DEVICE   |
|3.  102                 |107.0056/ARMY GOOD CONDUCT MEDAL        |
|4.  157                 |107.0111/COMBAT INFANTRYMAN BADGE       |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]