RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 August 2007
      DOCKET NUMBER:  AR20070003470


      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. William D. Powers             |     |Chairperson          |
|     |Mr. William Blakely               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 served as a MAT (Mobile Advisory Team) leader
and assistant leader in Long An Province.

3.  The applicant provides his DD Form 214 (Armed Forces of the United
States Report of Transfer or Discharge) for the period ending 18 August
1971; his captain promotion letter; and his Bronze Star Medal orders and
citation.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 August 1971.  The application submitted in this case
is dated      1 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 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.  After having had prior enlisted service, the applicant was commissioned
and entered active duty on 12 November 1969.  He completed training and was
awarded specialty 1542 (Unit Infantry Commander).

4.  The applicant arrived in Vietnam and was assigned to Civil Operations
and Revolutionary Development Support (CORDS) Advisory Team 86, U. S.
Military Assistance Command, Vietnam (USMACV) on or about 24 October 1970.
He performed duties as an Assistant Advisor, MAT.  He departed Vietnam on
or about 14 August 1971 after being credited with participation in two
campaigns.

5.  The applicant’s Officer Evaluation Report (OER) for the period 15
August 1970 through 12 March 1971 stated, in part, that he advised his
Vietnamese counterpart on all phases of administration, logistics, and
tactical deployment of company and smaller-size units and initiated an
extensive ambush training program for Provincial Forces platoons.

6.  The applicant was released from active duty on 18 August 1971.  His
      DD Form 214 for the period ending 18 August 1971 shows he was awarded
     the National Defense Service Medal, the Vietnam Service Medal, the
Republic    of Vietnam Campaign Medal, two overseas service bars, and the
Bronze Star Medal.

7.  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.

8.  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 was Senior Advisor, MAT, to include assistant and/or deputy
advisor.

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.

10.  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 Advisory Team 86, it was cited for award of the
Meritorious Unit Commendation for the period 15 April 1970 through 15 April
1972 by Department of the Army General Orders Number 11, dated 1973.

11.  Department of the Army General Orders Number 8, 1974, announced
award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation to
Headquarters, USMACV 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 applicant was an infantry officer and performed duties as an
Assistant Advisor, MAT.  He was awarded the Bronze Star Medal, so
presumably he performed his duties satisfactorily.  His OER for the period
ending 12 March 1971
stated, in part, that he advised his Vietnamese counterpart on all phases
of administration, logistics, and tactical deployment of company and
smaller-size units, and he initiated an extensive ambush training program
for Provincial Forces platoons.  It is reasonable to presume that the
tactical deployment training and the extensive ambush training program were
largely conducted under actual field conditions against the enemy;
therefore, in accordance with the guidance outlined in Army Regulation 600-
8-22 and in MACV Directive 672-1 it appears he met the eligibility
requirements for award of the CIB.

2.  The applicant was credited with participation in two campaigns and is
therefore eligible to wear two bronze service stars on his Vietnam Service
Medal.

3.  The applicant was assigned to a unit during a period of time that unit
was awarded the Meritorious Unit Commendation.  Later, all units in Vietnam
were awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation.  These unit awards should be added to his DD Form 214.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 August 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on            17 August 1974.  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:

__wdp___  __wb____  __dll___  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 amending his DD Form 214 for the
period ending    18 August 1971 to add the Combat Infantryman Badge, the
Meritorious Unit
Commendation, and 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.




                            __William D. Powers___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003470                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070816                                |
|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.                      |                                        |


-----------------------
[pic]