RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070000851


      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:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William f. Crain              |     |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 a second award of the Combat Infantryman Badge
(CIB).

2.  The applicant states he served as a platoon sergeant in the Infantry
during the period 16 May through December 1950.

3.  The applicant provides a copy of page 3 of his DA Form 20 (Enlisted
Qualification Record).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 31 July 1966.  The application submitted in this case is
dated           8 January 2007.

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 initially served on active duty from 24 February 1944
through   20 April 1946, during which period he was awarded the CIB.

4.  The applicant enlisted in the Regular Army on 8 July 1946.  He was
honorably discharged on 15 May 1950 and immediately reenlisted on 16 May
1950.  His DA Form 20 (Soldier’s Qualification Card) shows his primary MOS
was 0505 (Ammunition Noncommissioned Officer).

5.  The applicant’s DA Form 20 (Enlisted Qualification Record), dated 1
June 1965, shows the applicant was assigned to Company A, 19th Infantry
Regiment on or about 16 May 1950.  It also shows he performed duties as a
platoon sergeant in duty MOS 111.70.  MOS 111.70 was apparently an infantry
platoon sergeant.  (MOS 111.70 was not the 4-digit MOS configuration used
in the early 1950s but rather the MOS configuration used in the late
1950s/early 1960s.  In the early 1950s MOS 1745 was Light Weapons
Infantryman Leader and MOS 4745 was Light Weapons Infantryman).

6.  The applicant arrived in Korea on or about 7 July 1950, apparently with
Company A, 19th Infantry Regiment.  He was slightly wounded in action on
   15 August 1950.  The Battle Casualty Report listed his branch as
Infantry.  He was promoted to Sergeant First Class, E-6 on orders dated 20
August 1950 in MOS 2745.  (On 9 July 2007, the Pentagon Library researched
this MOS for the Board analyst but could not discover MOS 2745 in either
the regulation covering May through November 1950 or the regulation
effective November 1950.)  He was reassigned to the 229th Ordnance Base
Depot on 7 December 1950.

7.  The applicant was honorably discharged on 15 May 1956 and immediately
reenlisted on 17 May 1956.  His DD Form 214 (Report of Separation from the
Armed Forces of the United States) for the period ending 15 May 1956 does
not show he was awarded a second award of the CIB.

8.  The applicant served in Vietnam with the U. S. Army Element, Military
Assistance Advisory Group, Vietnam from 3 March 1960 to on or about 14
April 1961.

9.  The applicant was honorably discharged on 9 April 1962 and immediately
reenlisted on 10 April 1962.  His DD Form 214 for the period ending 9 April
1962 shows he was awarded the 6th award of the Army Good Conduct Medal.

10.  The applicant served in Korea (a third tour) from on or about 20 July
1963 through on or about 8 July 1964.

11.  The applicant served his second tour in Vietnam with the 820th
Ordnance Company from 17 August 1965 to on or about 12 March 1966.  He was
credited with participation in two campaigns.

12.  The applicant was released from active duty on 31 July 1966 due to
retirement.  His DD Form 214 for the period ending 31 July 1966 shows he
was awarded the Vietnam Service Medal and the National Defense Service
Medal 1st oak leaf cluster.

13.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the CIB.
 That paragraph states that there are basically three requirements for
award of the CIB.  The Soldier must be an infantryman satisfactorily
performing infantry duties, he must be assigned to an infantry unit during
such time as the unit is engaged in active ground combat, and he must
actively participate in such ground combat.

14.  The Government of the Republic of Korea issued the Republic of Korea
War Service Medal (ROK-KWSM) to pay tribute to eligible Korean War veterans
for their historic endeavors to preserve the freedom of the Republic of
Korea and the free world.  The Department of Defense approved acceptance
and wear of the ROK-KWSM.  To qualify for award of the ROK-KWSM, the
veteran must have served between 25 June 1950 and 27 July 1953 and been on
permanent assignment for 30 consecutive days, or on temporary duty for 60
non-consecutive days, within the territorial limits of Korea, in the waters
immediately adjacent thereto, or in aerial flight over Korea participating
in actual combat operations or in support of combat operations.

15.  Army Regulation 600-8-22 states the Korea Defense Service Medal is
authorized for award to members of the Armed Forces of the United States
who have served on active duty in support of the defense of the Republic of
Korea for, in part, 30 consecutive or 60 nonconsecutive days during the
period 28 July 1954 to a date to be determined by the Secretary of Defense.


16.  Army Regulation 600-8-22 provides for award of the Armed Forces
Expeditionary Medal for service of not less than 30 days in Vietnam from 1
July 1958 to 3 July 1965.

17.  Army Regulation 600-8-22 provides for award of the Republic of Vietnam
Campaign Medal with device 1960 to personnel who have served in the
Republic of Vietnam for 6 months during the period 1 March 1961 to 28 March
1973, inclusive, or have served for less than 6 months and have been
wounded by hostile forces.

18.  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.

19.  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 820th Ordnance Company, it was cited for
award of the Meritorious Unit Commendation for the period September 1965
through March 1966 by Department of the Army General Orders Number 20,
dated 1967.

20.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, U. S. Military Assistance Command and its subordinate units
during the period 8 February 1962 to 28 March 1973 and to Headquarters,
   U. S. Army Vietnam and its subordinate units during the period 20 July
1965 to 28 March 1973.

21.  Army Regulation 635-5 prescribes the separation documents prepared for
Soldiers upon retirement, discharge, or release from active military
service or control of the Army.  It establishes standardized policy for the
preparation of the DD Form 214.  The versions in effect at the time the
applicant was honorably discharged on 9 April 1962 and on 31 July 1966
stated that decorations awarded or authorized during the period covered by
the DD Form 214 would be entered.

22.  Special Regulation 615-360-1 prescribed the separation documents
prepared for Soldiers upon retirement, discharge, or release from active
military service at the time of the applicant’s honorable discharge on 15
May 1956.  In pertinent part, it stated that decorations awarded or
authorized during the period covered by the DD Form 214 would be entered.

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests a second award of the CIB for his service as a
platoon sergeant in the Infantry during the period 16 May through December
1950.

2.  The applicant’s later DA Form 20 (his Enlisted Qualification Record)
shows he was assigned to Company A, 19th Infantry Regiment on or about 16
May 1950 and also shows he performed duties as a platoon sergeant in duty
MOS 111.70.  However, his DA Form 20 (his Soldier’s Qualification Card) at
the time of his service during the Korean War shows his primary MOS was
0505, which was not an infantry MOS.  It appears he did not meet the
eligibility criteria for award of the CIB at that time because he did not
hold an infantry MOS.

3.  Nevertheless, the applicant was promoted to Sergeant First Class, E-6
on orders dated 20 August 1950 in MOS 2745.  Researchers at the Pentagon
Library could not discover MOS 2745 in either the regulation covering May
through November 1950 or the regulation effective November 1950, indicating
“2745” might have been a typographical error.  Since in the early 1950s MOS
1745 was Light Weapons Infantryman Leader and MOS 4745 was Light Weapons
Infantryman, however, any reasonable doubt that the applicant was promoted
in an infantry MOS (and therefore held an infantry MOS after he was
promoted) should be resolved in his favor.  Therefore, it appears that
during the period 20 August through 6 December 1950 he met the eligibility
criteria for award of the CIB and his DD Form 214 for the period ending 15
May 1956 should be amended to add award of the CIB (second award).  This DD
Form 214 should also be amended to show award of the ROK-KWSM.

4.  The applicant served in Vietnam with the U. S. Army Element, Military
Assistance Advisory Group, Vietnam from 3 March 1960 to on or about 14
April 1961.  This made him eligible for award of the Armed Forces
Expeditionary Medal, and his DD Form 214 for the period ending 9 April 1962
should be amended to add award of the Armed Forces Expeditionary Medal.

5.  The applicant served in Korea from on or about 20 July 1963 through on
or about 8 July 1964, which makes him eligible for award of the Korea
Defense Service Medal.  He served in Vietnam with the 820th Ordnance
Company from 17 August 1965 to on or about 12 March 1966, which makes him
eligible for award of the Republic of Vietnam Campaign Medal with device
1960 and for wear of two bronze service stars on his Vietnam Service Medal.
 The 820th Ordnance Company was also awarded the Meritorious Unit
Commendation during a period of time the applicant was assigned to the
unit.  Later, all units in Vietnam were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.  His DD Form 214 for the period
ending 31 July 1966 should therefore be amended to add the Korea Defense
Service Medal, the Republic of Vietnam Campaign Medal with device 1960, the
Meritorious Unit Commendation, the Republic of Vietnam Gallantry Cross with
Palm Unit Citation, and to show he is eligible to wear two bronze service
stars on his Vietnam Service Medal.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 31 July 1966; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         30 July 1969.  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:

__jea___  __jam___  __wfc___  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.  amending his DD Form 214 for the period ending 15 May 1956 to add
the Combat Infantryman Badge (second award) and the Republic of Korea War
Service Medal;

     b.  amending his DD Form 214 for the period ending 9 April 1962 to add
the Armed Forces Expeditionary Medal; and

     c.  amending his DD Form 214 for the period ending 31 July 1966 to add
the Korea Defense Service Medal, the Republic of Vietnam Campaign Medal
with device 1960, the Meritorious Unit Commendation, the Republic of
Vietnam Gallantry Cross with Palm Unit Citation, and to show he is eligible
to wear two bronze service stars on his already-awarded Vietnam Service
Medal.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000851                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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