RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        10 July 2007
      DOCKET NUMBER:  AR20070001447


      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. Kathleen A. Newman            |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 the Combat Infantryman Badge (CIB) be added
to his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states he was awarded the CIB while in Vietnam.  This
award is not reflected on his DD Form 214.

3.  The applicant provides a copy of his DD Form 214 and a DD Form 215
(Correction to DD Form 214).

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 29 April 1970.  The application submitted in this case is dated
22 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 enlisted in the Regular Army on 28 June 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 20 February 1969.

4.  The applicant arrived in Vietnam and was assigned to Company C, 1st
Battalion, 12th Infantry, 4th Infantry Division on 4 June 1969 where he
performed duties as an 11B40 Team Leader.  He was promoted to Staff
Sergeant, E-6 effective 12 April 1970.  He departed Vietnam on 20 April
1970 after being credited with participation in three campaigns.

5.  The applicant was honorably released from active duty on 29 April 1970.
 His DD Form 214 shows he was awarded the National Defense Service Medal,
the Expert Marksmanship Qualification Badge M14 and M-16, the Vietnam
Service
Medal, the Republic of Vietnam Campaign Medal, the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, two Overseas Bars, and the Army
Good Conduct Medal.

6.  Item 41 (Awards and Decorations) of the applicant’s DA Form 20
(Enlisted Qualification Record) does not show that he was awarded the CIB.
There are no orders for the CIB in his records.

7.  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 who actively
participates in such ground combat.  Campaign or battle credit alone is not
sufficient for award of the CIB.

8.  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.

9.  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 1st 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
Department of the Army General Orders Number 53, dated 1970.

DISCUSSION AND CONCLUSIONS:

1.  It is acknowledged that the applicant was an infantryman assigned to an
infantry unit.  However, his DA Form 20 does not confirm that he was
awarded the CIB, there are no orders in his records to show he was awarded
the CIB, and there is no other evidence of record, such as award of a
personal decoration, to confirm that the applicant actively participated in
ground combat.  Regrettably, therefore, there is insufficient evidence to
show he met the eligibility criteria for award of the CIB.

2.  The applicant did meet the eligibility criteria for wear of three
bronze service stars on his Vietnam Service Medal.  He was also assigned to
a unit during a period of time that unit was awarded the Republic of
Vietnam Civil Actions Honor
Medal First Class Unit Citation.  Therefore, these awards should be added
to his DD Form 214.

3.  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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 29 April 1970; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         28 April 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

__kan___  __sap___  __eem___  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 Civil Actions Honor
Medal First Class Unit Citation and three bronze service stars to be worn
on his already-awarded Vietnam Service Medal.




                                  __Kathleen A. Newman__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001477                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070710                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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