RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 July 2007
      DOCKET NUMBER:  AR20070001918


      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. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jerome L. Pionk               |     |Member               |
|     |Mr. John G. Heck                  |     |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 Combat Infantryman Badge be added to
his DD Form 214 (Armed Forces of the United States Report of Transfer or
Discharge).

2.  The applicant states that he served side by side with Private First
Class Benny C___, who died on 30 April 1968.

3.  The applicant provides his DD Form 214 with a DD Form 215 (Correction
to DD Form 214); and a 2-page Vietnam Veterans Memorial Benny C___ virtual
memorial.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 17 July 1969.  The application submitted in this case is
dated         30 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 was inducted into the Army on 18 July 1967.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam and was assigned to the 52d Security
Detachment on 30 December 1967.  On 5 August 1968, he requested
reassignment to the 199th Assault Helicopter Company for duty as a
doorgunner. On 8 August 1968, the 52d Aviation Battalion informed the 52d
Security Detachment that his request was not favorably considered.

5.  The applicant departed Vietnam on 3 December 1968 after being credited
with participation in five campaigns.

6.  The applicant’s records contain no orders awarding him the Combat
Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form
    20 (Enlisted Qualification Record) does not show he was awarded the
Combat Infantryman Badge.

7.  On 17 July 1969, the applicant was honorably released from active duty.
 His DD Form 214 shows he was awarded the Vietnam Service Medal with four
bronze service stars, the National Defense Service Medal, the Republic of
Vietnam Campaign Medal, and the Marksman Marksmanship Qualification Badge
with Rifle Bar.  On 18 January 2002, his DD Form 214 was amended to add two
overseas bars and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.

8.  Army Regulation 600-8-22 (Military Awards) provides for the 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.

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.  One silver service star is worn in lieu of five
bronze service stars.

DISCUSSION AND CONCLUSIONS:

1.  There are basically three eligibility criteria for award of the Combat
Infantryman Badge.  A Soldier must not only be an infantryman and be
satisfactorily performing infantry duties, he must also be assigned to an
infantry unit.  The evidence of record shows the applicant was assigned to
the 52d Security Detachment which appears to have been under the command of
the 52d Aviation Battalion.  Therefore, there is insufficient evidence to
show he met all of the eligibility criteria for award of the Combat
Infantryman Badge.

2.  The evidence of record shows the applicant was credited with
participation in five campaigns.  Therefore, his DD Form 214 should be
amended to show he was awarded the Vietnam Service Medal with one silver
service star instead of the four bronze service stars as shown on his DD
Form 214.

3.  Evidence shows that the applicant’s records contain an 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.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 17 July 1969; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on         16 July 1972.  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

__lds___  __jlp___  __jgh___  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 an 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 he is authorized to wear one silver service star on his already-
awarded Vietnam Service Medal.




                                  __Linda D. Simmons____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070001918                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070726                                |
|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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