RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20070002913


      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. Curtis L. Greenway            |     |Chairperson          |
|     |Mr. Robert W. Soniak              |     |Member               |
|     |Ms. Karmin S. Jenkins             |     |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 (CIB).

2.  The applicant states he believes he is entitled to the CIB.  They were
in contact with the enemy numerous times.  They were with Vietnamese forces
(regional forces and provincial forces).

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) and a copy of a photograph
purportedly of himself in Vietnam.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 8 October 1969.  The application submitted in this case
was received in this office on 26 February 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 7 March 1968.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman).

4.  The applicant arrived in Vietnam directly out of advanced individual
training and was assigned to Advisory Team 39, II Corps Tactical Zone, U.
S. Military Assistance Command – Vietnam (USMACV) on 15 August 1968.  He
performed duties in MOS 05B (Radio Operator).  His DA Form 20 (Enlisted
Qualification Record) shows he was transferred to Advisory Team 45, II
Corps Advisory Group, USMACV on 20 September 1968 where he performed duties
in MOS 05B (Radio Operator).  He was promoted to Specialist Four, E-4 on 14
January 1969 and awarded primary MOS 05B2O and secondary MOS 11B2O.  His
promotion orders indicate he was assigned to Advisory Team 45, II Corps
Tactical Zone. His August 1969 Sergeant, E-5 promotion orders indicate he
was assigned to Ninh Thuan Province, II Corps Tactical Zone.

5.  The applicant departed Vietnam on 8 October 1969 after being credited
with participation in four campaigns.

6.  The applicant was honorably released from active duty on 8 October 1969
in pay grade E-5 after completing 1 year, 7 months, and 2 days of
creditable active service with no time lost.  His DD Form 214 shows he was
awarded the National Defense Service Medal, the Vietnam Service Medal, the
Republic of Vietnam Campaign Medal, and the Army Commendation Medal.

7.  The applicant’s records contain no record of any disciplinary actions.
His conduct and efficiency were rated as “excellent” throughout his
service.

8.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the CIB is awarded to infantry officers and to enlisted and warrant
officer persons who have an infantry MOS.  They must have served in active
ground combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.

9.  MACV Directive 672-1 (Awards and Decorations) provided, in pertinent
part, for award of the CIB.  Appendix 3 to Annex A of this regulation
listed advisor positions in MACV which were considered infantry positions
and for which award of the CIB was authorized.  Listed among these
positions were radio/telephone operators provided their primary duty was to
accompany infantry or infantry-type units on tactical operations.

10.  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.

11.  Army Regulation 672-5-1, in effect at the time, provided policy and
criteria concerning individual military decorations.  It stated the Army
Good Conduct Medal was awarded for each 3 years of continuous enlisted
active Federal military service completed on or after 27 August 1940 and,
for the first award only, upon termination of service on or after 27 June
1950 of less than 3 years but more than 1 year.  At the time, a Soldier’s
conduct and efficiency ratings must have been rated as “excellent” for the
entire period of qualifying service.

12.  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.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was a radio operator
assigned to two advisory teams while in Vietnam.  MACV Directive 672-1
provided for award of the CIB to specified advisor positions in MACV which
were considered infantry positions and for which award of the CIB was
authorized.  Listed among these positions were radio/telephone operators
provided their primary duty was to accompany infantry or infantry-type
units on tactical operations.

2.  It is noted that the applicant’s DD Form 214 shows he was awarded the
Army Commendation Medal.  He only had one assignment during his Army
service other than basic combat training and advanced individual training,
with two USMACV advisory teams in Vietnam.  The Army Commendation Medal
orders are not available; however, it is presumed it was awarded for his
service in Vietnam, further presuming that he performed satisfactorily
while in Vietnam.

3.  Given the applicant’s contentions, and in the absence of evidence to
the contrary, any reasonable doubt that his primary duty was to accompany
his infantry-type unit on tactical operations should be resolved in his
favor.  Therefore, it would be appropriate to show he was awarded the CIB.


4.  The applicant was credited with participation in four campaigns while
in Vietnam.  He is eligible to wear four bronze service stars on his
Vietnam Service Medal, and his DD Form 214 should be amended to reflect
this fact.

5.  The applicant separated in pay grade E-5 after completing over 19
months of creditable active service with no time lost.  His records contain
no record of disciplinary actions, and his conduct and efficiency were
rated as “excellent” throughout his service.  It appears he met the
eligibility criteria for award of the Army Good Conduct Medal.

6.  All units assigned to Vietnam were awarded the Republic of Vietnam
Gallantry Cross with Palm Unit Citation.

7.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 8 October 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
7 October 1972.  The applicant did not file within the 3-year statute of
limitations; however, based on the available evidence and argument, it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

__clg___  __rws___  __ksj___  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.  awarding him the Army Good Conduct Medal for the period 7 March
1968 through 8 October 1969; and

     b.  amending his DD Form 214 to add the Army Good Conduct Medal, the
Combat Infantryman Badge, and the Republic of Vietnam Gallantry Cross with
Palm Unit Citation and to show he is eligible to wear four bronze service
stars on his already-awarded Vietnam Service Medal.




                            __Curtis L. Greenway__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070002913                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070802                                |
|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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