RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        3 July 2007
      DOCKET NUMBER:  AR20060017047


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

      The following members, a quorum, were present:

|     |Mr. Eric Andersen                 |     |Chairperson          |
|     |Mr. Scott Faught                  |     |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 he be awarded the Bronze Star Medal (BSM)
and the Combat Infantryman Badge (CIB).  He further requests that his
records be corrected to show that he served in the Long Range
Reconnaissance Platoon (LRRP) while he was with the 2nd Squadron, 1st
Cavalry Regiment, in the Republic of Vietnam.

2.  The applicant states that his military occupational specialty (MOS) was
11E20; however, he was given a new primary MOS (11B10) when he was serving
in the LRRP.  He states that as a result of the platoon not being "on
paper" he was not awarded the BSM or the CIB along with his friends.  He
states that at the time, to be able to wear camouflaged fatigues, one had
to serve in a Special Forces unit like "ARPS, LRRPS, Dog Trackers, Snipers,
or other similar units".  He states that he served his country as honorably
as he could by volunteering to serve in a platoon that he knew was going to
be put in only free fire areas.  He states that he was only 19 years old at
the time and that he was ready to die for his country.  He states that he
believes that he earned the CIB and the BSM and his records should be
changed to show that he served in the LRRP.  He states that he knew there
seemed to be something wrong with his records; however, it was not until he
forwarded electronic mail to a retired colonel who was in charge of the
LRRP, that he found out that the LRRP was "not on paper".

3.  The applicant goes on to state that the retired colonel believes that
he should be awarded the CIB for his action in the fire fights that he
participated in while he was a member of the LRRP serving as an
infantryman.  He states that if the "2/1 Cavalry" had a platoon of men and
if it was never annotated in the files of these men that they were members
of the LRRP, then the error or injustice should be fixed in the record.
The applicant goes on to express his belief that an individual that he
contends was killed in action, also be awarded the CIB if he does not
already have one.  He states that he believes that the errors and the
injustices were made in his records on purpose because his Enlisted
Qualification Record (DA Form 20) shows he was in Germany from 9 January
1969 to 12 July 1971 and that he was not in the Army on 12 July 1971; that
his DA Form 20 shows the he was promoted to the pay grades of E-3 and E-4
when he was with the 4th Armor Division and it also shows that he was
assigned to Headquarters Headquarters Company (HHC), 1st Battalion, 35th
Armor Division, United States Army Europe during the same timeframe; and
that his DA Form 20 shows that he was en route to Vietnam on 10 March 1969
and then on 30 April, he was a tank driver.  He states that all these
errors exist in his record; however,

it does not matter and it has no relevance to what he is requesting of the
Board.  He states that the fact that the retired colonel is trying to help
out a person he does not remember shows him that people do change and care.
 He requests that the Board contact the retired colonel for additional
information.

3.  The applicant provides in support of his application, an undated
statement addressed to this agency expressing why he believes that his
records are in error and he questions the information contained on his
Enlisted Qualification Record (DA Form 20); a copy of his DA Form 20; a
copy of an undated letter from a retired colonel; a copy of a letter from a
letter dated 9 October 2006 from a retired lieutenant colonel; a copy of
the Daily Staff Journal or Duty Officer's Log dated 28 July 1970; a list of
members of the 2/1 Cavalry that were killed in action; and a picture of
himself at age 19.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 March 1971.  The application submitted in this case is
dated 27 November 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 Board noted the applicant’s request for award of the Bronze Star
Medal.  However, the applicant has not exhausted the administrative remedy
available to him under the provisions of Section 1130, Title 10, United
States Code.  He has been notified by separate correspondence regarding
submission of a recommendation for award of the Bronze Star Medal under
this provision of law.  As a result, award of the Bronze Star Medal
requested by the applicant is not discussed further in these Proceedings.

4.  On 23 July 1968, the applicant enlisted in the Army in Detroit,
Michigan, for 3 years, in the pay grade of E-1.  He successfully completed
his training as an armor crewman (11E2U).  He was promoted to the pay grade
of E-2 on 23 November 1968.

5.  The applicant's Record of Assignments as reflected on his DA Form 20
indicates that he was transferred to Germany on 14 December 1968; and that
he was assigned to HHC, 1st Battalion, 35th Armor Division, United States
Army Europe when he was promoted to the pay grade of E-3 on 6 March 1969.
His DA Form 20 reflects that the authority for his promotion was Special
Orders Number 72 published by HHC 4th Armored Division.

6.  The applicant's DA Form 20 indicates that he was transferred to Vietnam
on 10 March 1969 and that he was promoted to the pay grade of E-4 on 7
October 1969.  His DA Form also indicates that the authority for his
promotion was Special Orders Number 299 published by HHC 4th Armored
Division.

7.  The applicant's DA Form 20 indicates that he was assigned to R Troop,
2nd Battalion, 1st Cavalry Division, 1st Field Force, Vietnam, in
April 1970; that he was transferred on 21 September 1970 and assigned to
F Troop, 2nd Squadron, 11th Armored Cavalry Regiment on 22 September 1970;
that he was transferred on 18 February 1971 and assigned to A Troop, 3rd
Squadron, 5th Cavalry Regiment, 9th Infantry Division on 27 February 1971;
and that he returned to the Continental United States on 27 March 1971.

8.  The available records show that the applicant participated in five
campaigns while he was in Vietnam which included:  the TET 69
Counteroffensive, which extended from 23 February through 8 June 1969; the
Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969; the Vietnam Winter-Spring 1970, which extended from 1 November 1969
through 30 April 1970; the Sanctuary Counteroffensive, which extended from
1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971.

9.  Item number 31 (Foreign Service) located on his DA Form 20 erroneously
reflects that the applicant was in Germany from 9 January 1969 through 12
July 1971 and that he was in Vietnam from 24 April 1970 through 23 April
1971.

10.  The applicant was honorably released from active duty (REFRAD) on
31 March 1971.  The Report of Transfer or Discharge (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, the Republic of
Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Record
(Rifle M-14).  His DD Form 214 erroneously reflects his Last Duty
Assignment and Major Command as A Troop, 353rd Squadron, 5th Cavalry
Regiment.


11.  A review of the available records fails to show that the applicant was
ever awarded an infantryman MOS while he was in the Army.

12.  On 20 October 2003, the applicant was notified by the National
Personnel Records Center, that he was also entitled to the one Bronze
Service Star for wear on his Vietnam Service Medal, the Device (1960) for
wear on his Republic of Vietnam Campaign Medal and the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  His records indicate that he was
furnished the decorations; however, they were never included on his DD Form
214.

13.  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 that, in similar cases, 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.

14.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register-Vietnam Era) was published to assist
commanders and personnel officers in determining or establishing the
eligibility of individual members for campaign participation credit,
assault landing credit, and unit citation badges awarded during the Vietnam
Conflict.  Department of the Army General Orders Number 8, dated 1974
authorized the applicant's unit award of the Republic of Vietnam Gallantry
Cross with Palm (RVNGC w/Palm) Unit Citation for the period he served with
the unit.  Additionally, he participated in five campaigns while he was
assigned in Vietnam and is authorized to wear one Silver Service Star on
his already awarded Vietnam Service Medal.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to show that he is entitled to
award of the Combat Infantryman Badge.

2.  The applicant's contentions have been noted.  The documentation that
the applicant submitted in support of his application has also been noted.
However, they are not sufficient to warrant relief.  While he may have
served in a squadron LRRP, that in itself is an insufficient justification
for awarding him the Combat Infantryman Badge.

3.  In accordance with the applicable regulation the Combat Infantryman
Badge is awarded only to enlisted individuals who held and served in MOS
11B, 11C, 11F, 11G, or 11H.  There is no evidence in the available records,
nor has the applicant submitted any evidence that indicates that he held
any of the specialties required for award of the Combat Infantryman Badge.
Therefore he is not entitled to this decoration.

4.  As previously stated, while the applicant may have served in an LRRP
squadron, his organizations and stations are properly reflected on his
Record of Assignments.  Accordingly, there is no basis for changing this
portion of his record.

5.  The applicant's request that the retired colonel be contacted for
additional information has also been noted.  However, this Board is not an
investigative body and it is the applicant's responsibility to prepare his
case for the Board's review.  The Board utilizes the information and
documentation available at the time to conduct its review and to make its
determination.

6.  Evidence shows that the applicant’s records contain administrative
error which does 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.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 March 1971; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 30 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

__EA ___  ___SF___  ____EF _  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:

      a.  his entitlement to award of the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Device (1960) for wear on his Republic
of Vietnam Campaign Medal and one Silver Service Star for wear on his
Vietnam Service Medal;

      b.  his Last Duty Assignment and Major Command as A Troop,
3rd Squadron, 5th Cavalry Regiment, 9th Infantry Division; and

      c.  that his service in Germany was from 9 January 1969 through
10 March 1969 and his service in Vietnam was from 11 March 1969 through
27 March 1971.





                                  _____ Eric Andersen_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060017047                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070703                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.   46  |107.0000/AWARDS AND DECORATIONS         |
|2.  157                 |107.0111/CIB                            |
|3.  140                 |107.0094/RVGC W/PALM UNIT CITATION      |
|4.  1021                |100.0000/ADMINISTRATIVE MATTERS         |
|5.                      |                                        |
|6.                      |                                        |


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