RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        21 June 2007
      DOCKET NUMBER:  AR20070000639


      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             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Sherri V. Ward                |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Mr. David W. Tucker               |     |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 award of the Combat Infantryman Badge.

2.  The applicant states he served with the 3d Battalion, 12th Infantry,
4th Infantry Division in January and February 1969 and was in combat
numerous times during that period.

3.  The applicant provides a Department of Veterans Affairs Rating
Decision, dated 19 July 2006.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 4 March 1970.  The application submitted in this case is
dated       21 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 was inducted into the Army on 5 March 1968.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).  He was
promoted to Sergeant, E-5 on 14 October 1968.

4.  The applicant arrived in Vietnam and was assigned to Company C, 3d
Battalion, 12th Infantry, 4th Infantry Division on 26 January 1969 where he
performed duties as an 11B squad leader.

5.  On 26 February 1969, the applicant departed Vietnam on emergency leave
and was credited with participation in two campaigns.

6.  The applicant was released from active duty on 4 March 1970 upon his
expiration term of service with a general under honorable conditions
discharge.  His DD Form 214 (Armed Forces of the United States Report of
Transfer or Discharge) shows he was awarded the National Defense Service
Medal and the Vietnam Service Medal.
7.  On 19 July 2006, the Department of Veterans Affairs awarded the
applicant a 30 percent disability rating for post-traumatic stress
disorder.  The Rating Decision noted that according to research the
applicant’s unit was located at Pleiku/Suoi Doi.  The Division had
operations in the western Highlands, seeing fierce action in the border
regions throughout 1968 and into 1969.  Pleiku was involved in two attacks
during the period 23 to 25 February 1969 during which period one aircraft
was damaged and two Soldiers were wounded in action.  The Department of
Veterans Affairs gave him the benefit of the doubt, having no evidence to
the contrary, and conceded he was exposed to combat situations.

8.  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 must actively
participate in such ground combat.  Campaign or battle credit alone is not
sufficient for award of the CIB.

9.  Army Regulation 600-8-22 authorizes a bronze service star, based on
qualifying service, for each campaign listed in Appendix B of this
regulation.  This regulation states that authorized bronze service stars
will be worn on the appropriate campaign or service medal including the
Vietnam Service Medal.

10.  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, 12th Infantry, it was cited for
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation
for the period October 1966 through      28 July 1969 by Department of the
Army General Orders (DAGO) Number 3, dated 1970.

11.  Department of the Army Pamphlet 672-3 also shows that, at the time of
the applicant's assignment to the 3d Battalion, 12th Infantry, it was cited
for award of the Republic of Vietnam Civil Actions Honor Medal First Class
Unit Citation for the period 1 October 1966 through 31 October 1969 by DAGO
Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record, the applicant’s contentions, and the evidence
he provided have been carefully considered.  However, there are no orders
awarding him the CIB and no other evidence, such as personal decorations,
to show he satisfactorily served in active ground combat.  Regrettably,
therefore, there is insufficient evidence to show he met the third
eligibility requirement for award of the CIB – that he satisfactorily
participated in ground combat.
2.  The applicant was credited with participation in two campaigns and his
DD Form 214 should be amended to show he is eligible to wear the Vietnam
Service Medal with two bronze service stars.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded 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.

4.  Evidence shows that the applicant’s records contain administrative
errors which do 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.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 March 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on           3 March 1973.  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

__svw___  __rtd___  __dwt___  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 errors in the records of the
individual concerned should be corrected.  Therefore, the Board requests
that the CMSD-St. Louis administratively correct the DD Form 214 of the
individual concerned by adding 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 eligible to wear two bronze
service stars on his already-awarded Vietnam Service Medal.




                                  __Sherri V. Ward_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000639                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070621                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0056                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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