RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 August 2007
      DOCKET NUMBER:  AR20070003375


      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             |
|     |Mr. Luis Almodova                 |     |Senior 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, in effect, that the Combat Infantryman Badge be
awarded to him and that it be added to his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge.

2.  The applicant states, in effect, that he was in combat during the
Vietnam War and wants his Combat Infantryman Badge awarded to him.  He adds
that he was assigned to the 3rd Battalion, 506th Infantry Regiment, 101st
Airborne Division from 13 May 1969 through 21 December 1970.

3.  The applicant provided no supporting documentation, beyond his DD Form
149, Application for Correction of Military Record, in support of his
request.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 21 December 1970.  The application submitted
in this case is dated 30 January 2007 and was received for processing on 8
March 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 limitation 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's military records show that he was inducted into the
Army of the United States on 13 May 1969.  He completed his basic combat
and his advanced individual training at Fort Ord, California.  After
completing all required training, he was awarded the military
occupational specialty (MOS), 11B (Light Weapons Infantryman).  The
applicant was reclassified to the MOS 64A (Light Vehicle Driver), on 14
July 1970.

4.  The applicant was assigned to Vietnam and he arrived there on 12
January 1970.  He was assigned to Company D, 3rd Battalion, 506th Infantry
Regiment, 101st Airborne Division, for duty as a rifleman.  On 20 July
1970, he was reassigned to the Service Battery, 2nd Battalion, 11th
Artillery Regiment, 101st Airborne Division, for duty as a light vehicle
driver.  On 5 November 1970, he
was returned to the United States in a patient status and assigned to the
Medical Holding Company, US Army Medical Department Activity, Fort Ord,
California.

5.  The applicant was released from active duty on 21 December 1970, under
the provisions of Army Regulation (AR) 635-200.  The applicant's DD Form
214 was annotated to show an SPN (Separation Program Number) 412:  Enlisted
members of medical holding detachments or units who, upon completion of
hospitalization, do not intend to immediately enlist or reenlist in the
Regular Army.  He was released from active duty in the rank and pay grade
of Private First Class, E-3, with 1 year, 7 months, and 9 days active
military service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of 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 Marksman Marksmanship
Qualification Badge, with Rifle Bar.  The Combat Infantryman Badge is not
shown among his authorized awards.

7.  There are no orders in the applicant's service personnel records to
show that he was awarded the Combat Infantryman Badge.  There is no entry
in Item 41 (Awards and Decorations), of the applicant's DA Form 20,
Enlisted Qualification Record, to show he was awarded the Combat
Infantryman Badge.

8.  When he arrived in Vietnam, he held and performed the duties of a
rifleman, an infantry MOS in a company-sized infantry unit; however, there
is insufficient evidence to show that he served in active ground combat
while assigned or attached to this infantry unit.  This is evidenced by his
not having received any awards for valor or achievement that would give an
indication he was exposed to combat against the enemy.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which the
applicant is entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following three
campaigns: the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970; the Sanctuary Counteroffensive, which extended
from 1 May through 30 June 1970; and the Vietnam Counteroffensive, Phase
VII, which extended from 1 July 1970 through 30 June 1971.
11.  DA Pamphlet 672-3, Unit Citation and Campaign Participation Credit
Register, dated 29 January 1988, which lists unit awards received by units
serving in Vietnam, shows that the unit the applicant was assigned to,
Company D, 3rd Battalion, 506th Infantry Regiment, 101st Infantry Division,
was awarded the Republic of Vietnam Civil Actions Honor Medal, First Class,
Unit Citation, for the period 18 March 1968 through May 1970, by Department
of the Army General Order (DAGO) Number 48, dated 1971.  This unit award
was awarded to the 101st Airborne Division and its assigned and attached
units.  This unit award is the same as that shown in the following
paragraph and will be added to his DD Form 214 only once.

12.  DA Pamphlet 672-3, also shows Service Battery, 2nd Battalion, 11th
Artillery, was awarded the Republic of Vietnam Civil Actions Honor Medal,
First Class, Unit Citation, for the period 10 June 1968 through 2 May 1970,
by DAGO Number 48, dated 1971.  This unit award was awarded to the 101st
Airborne Division and its assigned and attached units.  This unit award is
not shown on his DD Form 214; and, based on restrictions shown in DA
Pamphlet 672-3, this unit award and the one shown in the paragraph above
will be added only once to the applicant's DD Form 214.

13.  DA Pamphlet 672-3 also shows that the applicant's units, subordinate
units of the United States Army, Vietnam, were awarded the Republic
of Vietnam Gallantry Cross, with Palm, Unit Citation, for the period 20
July 1965 through 28 March 1973, by DAGO Number 8, dated 1974.  This unit
award is also not shown on the applicant's DD Form 214.

14.  The applicant's DA Form 20, in Item 29 (Qualification in Arms), shows
he earned the First Class Gunner Marksmanship Qualification Badge, with M-
60 Machinegun Bar, on 12 November 1969.  This marksmanship qualification
badge is not shown on his DD Form 214.

15.  Army Regulation (AR) 600-8-22 provides, in pertinent part, that the
Combat Infantryman Badge is awarded to infantry officers and to enlisted
and warrant officer personnel 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.  The Awards Branch of the
Total Army Personnel Command [now the Human Resources Command] has advised,
in similar cases, that during the Vietnam era the Combat Infantryman Badge
was awarded only to enlisted individuals who held and served in MOS 11B,
11C, 11F, 11G, or 11H.
16.  AR 600-8-22, in pertinent part, authorizes award of a bronze service
star, based on qualifying service, for each campaign listed in its Appendix
B and states that authorized bronze service stars will be worn on the
appropriate service medal, in this case, the Vietnam Service Medal.

17.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.

18.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a Soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached by
competent orders to, and present for duty with the unit during the entire
period, or for at least thirty consecutive days of the period cited.

19.  AR 670-1, in effect at the time, governed the requirements for the
overseas service bar.  In pertinent part, it provided that a bar is
authorized for wear for each period of active Federal service as a member
of the U.S. Army outside of the continental limits of the United States.
One overseas service bar is authorized for each 6-month period served in
the Republic of Vietnam.  To calculate the entitlement, both the month of a
Soldier's arrival in and month of his departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

20.  Paragraph 5, DA Pamphlet 672-3, provides that individuals will not
wear more than one Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation.  This precludes wear of the Vietnamese Fourragere, which
represents additional unit awards of the Republic of Vietnam Gallantry
Cross.  Although wear of multiple awards of the unit citation is not
authorized, official military personnel and historical records will
indicate all awards received.  In those instances, however, where a single
unit receives duplicate Vietnamese unit awards during the same period, only
one unit citation will be recorded in the official military personnel and
historical records.
DISCUSSION AND CONCLUSIONS:

1.  To be entitled to award of the Combat Infantryman Badge, the evidence
must show that an applicant held and served in an infantry MOS while
assigned or attached to an infantry unit of brigade, regimental or smaller
size, and must have served in active ground combat while assigned or
attached to this infantry unit.

2.  The applicant held and performed the duties related to an infantry MOS
in a company-sized infantry unit in Vietnam; however, there is insufficient
evidence to show that he served in active ground combat while assigned or
attached to this infantry unit.

3.  While in Vietnam, the applicant did not receive any awards for valor or
achievement that would give an indication he was exposed to combat against
the enemy.

4.  Based on the available evidence, the applicant is not entitled to award
of the Combat Infantryman Badge and to have it added to his DD Form 214.

5.  The applicant participated in three campaigns during his tour of duty
in Vietnam.  He is therefore entitled to award of three bronze service
stars to be affixed to his already-awarded Vietnam Service Medal and to
have them shown on his separation document.

6.  The applicant served in units which were 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 are not shown on his DD Form 214.  He is entitled to these unit
awards and to have them added to his DD Form 214.

7.  The applicant earned the First Class Gunner Marksmanship Qualification
Badge, with M-60 Machinegun Bar.  This badge is not shown on the
applicant's DD Form 214.  He is entitled to have this badge added to his DD
Form 214.

8.  The applicant served in Vietnam for 11 months, including the month of
his arrival and the month of his departure from Vietnam.  He is therefore
entitled to award of one overseas service bar and to have this bar added to
his DD Form 214.
9.  Evidence shows that the applicant's records contain 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.

10.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 21 December 1970; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 20 December 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

___RWS_  _KSJ____  __CLG__  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 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 by:

      a.  awarding the applicant three bronze service stars to be affixed to
his Vietnam Service Medal, to denote his participation in three campaigns
while he served in Vietnam, and to be shown on his DD Form 214 as the
Vietnam Service Medal, with three bronze service stars;


      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, and adding these unit awards to his DD
Form 214;

      c.  adding the already-awarded First Class Gunner Marksmanship
Qualification Badge, with M-60 Machinegun Bar, to the applicant's DD Form
214; and

      d.  awarding the applicant one overseas service bar and adding this
bar to his DD Form 214.




                                  _____Curtis L. Greenway ___
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20070003375                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070802                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0111                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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