RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070005320


      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. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Frank C. Jones                |     |Member               |
|     |Ms. Carmen Duncan                 |     |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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he feels he deserves the CIB, but it
was never awarded or issued.  He states he satisfied the requirements by
being an infantryman who was actively engaged in ground combat with enemy
forces in the Republic of Vietnam (RVN), as evidenced by the fact he was
wounded in action.

3.  The applicant provides his Separation Document (DD Form 214) and
Enlisted Qualification Record (DA Form 20) in support of his application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the
Army Board for Correction of Military Records (ABCMR) to excuse an
applicant’s failure to timely file within the 3-year statute of limitations
if the ABCMR determines it would be in the interest of justice to do so.
While it appears the applicant did not file within the time frame provided
in the statute of limitations, the ABCMR has elected to conduct a
substantive review of this case and, only to the extent relief, if any, is
granted, has determined it is in the interest of justice to excuse the
applicant’s failure to timely file.  In all other respects, there are
insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows that he enlisted in the Regular Army and
entered active duty on 6 March 1967.  He was trained in and awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman), and
the highest rank he attained while serving on active duty was sergeant.

3.  The applicant's DA Form 20 shows, in Item 31 (Foreign Service) that he
served in the RVN from 13 December 1967 through 12 December 1968.  Item 38
(Record of Assignments) shows that during his RVN tour, he was assigned to
Company D, 1st Battalion, 502nd Infantry Regiment from 15 December 1967
through 14 June 1968 and to Company D, 2nd Battalion, 502nd Infantry
Regiment, from 15 June through 12 December 1968.  In both units, he
performed duties in MOS 11B as a rifleman and automatic rifleman.  Item 38
also shows he received "Excellent" conduct and efficiency ratings at all of
his active duty assignments.
4.  Item 40 (Wounds) of the applicant's DA Form 20 contains an entry
confirming he received fragmentation wounds to his right leg, right arm and
abdomen on
3 January 1968.  Item 41 (Awards and Decorations) shows that he earned the
following awards during his active duty tenure:  National Defense Service
Medal (NDSM); Purple Heart; Vietnam Service Medal (VSM); RVN Campaign Medal
with Device 1960; Parachutist Badge; and Expert Marksmanship Qualification
Badge with Rifle and Machinegun Bars.

5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
derogatory information or a unit commander disqualification that would have
precluded the applicant from receiving the Army Good Conduct Medal (AGCM).


6.  The applicant's MPRJ does contain a Casualty Message and Western Union
Telegram, both dated 4 January 1968, which show the applicant was slightly
wounded in action in the RVN on 3 January 1967 sic (1968).  This document
further explains that the applicant sustained metal fragment wounds to his
head, right leg, right arm and abdomen while on a combat mission when he
was hit with fragments from a hostile grenade.

7.  The applicant's MPRJ also contains Headquarters, 101st Airborne
Division General Orders Number 587, dated 18 January 1969, which awarded
the applicant the Army Commendation Medal (ARCOM), for his meritorious
achievement in the RVN from 1 July 1968 through 30 November 1968.

8.  On 5 March 1970, the applicant was honorably separated after completing

3 years of active military service.  Item 24 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the
DD Form 214 he was issued upon his separation shows he received the
following awards during his active duty tenure:  NDSM; PH; VSM; RVN
Campaign Medal; and Parachutist Badge.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 2-13 contains
guidance on the VSM.  It states, in pertinent part, that a bronze service
star is authorized with this award for each campaign a member is credited
with participating in while serving in the RVN.  A silver service star is
issued in lieu of 5 bronze service stars to denote participating in 5
campaigns.

10.  Chapter 4 of the awards regulation prescribes the policy for award of
the
AGCM.  It states, in pertinent part, that the AGCM is awarded to
individuals who distinguish themselves by their conduct, efficiency and
fidelity during a qualifying period of active duty enlisted service.  This
period is 3 years, except in those cases when the period for the first
award ends with the termination of a period of Federal military service, in
which case a period of more than 1 year is a qualifying period.  Although
there is no automatic entitlement to the AGCM, disqualification must be
justified.

11.  Chapter 8 of the awards regulation contains guidance on the CIB and it
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.  The Awards Branch of
the U.S. Army Human Resources Command (formerly known as the Total Army
Personnel Command) has advised, in similar cases that during the Vietnam
era the CIB was awarded only to enlisted individuals who held and served in
MOS 11B, 11C, 11F, 11G, or 11H.

12.  Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit
Register) establishes the eligibility of individual members for campaign
participation credit, assault landing credit, and unit citation badges
awarded during the Vietnam Conflict.  It confirms that during his tenure of
assignment in the RVN, the applicant’s units (1st and 2nd Battalions, 502nd
Infantry Regiment) received the RVN Gallantry Cross with Palm Unit Citation
and RVN Civil Actions Honor Medal First Class Unit Citation.  It further
shows that during this period participation credit was granted for the
Vietnam Counteroffensive Phase III,
TET Counteroffensive, Vietnam Counteroffensive Phase IV, Vietnam
Counteroffensive Phase V, Vietnam Counteroffensive Phase VI.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered and found to have merit.  By regulation, there are three basic
requirements for the CIB.  The member must have held an infantry MOS,
service with a qualifying infantry unit of brigade, regimental or smaller
size, and must have been personally present and participated while its unit
was actively engaged in ground combat with enemy forces.

2.  In this case, the evidence of record confirms the applicant held and
served in the RVN in an infantry MOS in a qualifying infantry unit, and
that he was present and personally participated when his unit was engaged
in active ground combat with enemy forces.  Therefore, it would be
appropriate to award him the CIB and to add this award to his record and
separation document at this time.

3.  The evidence of record also confirms the applicant received excellent
conduct and efficiency ratings at all of his active duty assignments.
Further, the record is void of any derogatory information or a unit
commander disqualification that would have precluded him from receiving the
AGCM.  Therefore, it would be appropriate to award him the AGCM, for his
qualifying period of honorable active duty service from 6 March 1967
through 5 March 1970.

4.  The evidence of record also shows that the applicant was awarded the
ARCOM for meritorious achievement in the RVN and that he received the
Expert Marksmanship Qualification Badge with Rifle and Machinegun Bars,
which were omitted from the list of awards contained on his DD Form 214.
It also confirms that based on his RVN service and campaign participation,
he is also entitled to the RVN Gallantry Cross with Palm Unit Citation, RVN
Civil Actions Honor Medal First Class Unit Citation and 1 silver service
star with his VSM.  Therefore, these awards should also be added to his
record at this time.

BOARD VOTE:

__ LDS  _  __ FCJ  _  __ CD___  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.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding him the Combat Infantry Badge;

      b.  awarding him the Army Good Conduct Medal, for his qualifying
honorable active duty service from 6 March 1967 through 5 March 1970;
      c.  amending Item 24 of his DD Form 214 by deleting the current list
of awards and replacing it with the entry "National Defense Service Medal;
Army Commendation Medal, Purple Heart, Army Good Conduct Medal; Vietnam
Service Medal with 1 silver service star, Republic of Vietnam Campaign
Medal with Device 1960, Republic of Vietnam Gallantry Cross with Palm Unit
Citation, Republic of Vietnam Civil Actions Honor Medal First Class Unit
Citation, Combat Infantryman Badge, Parachutist Badge, and Expert
Marksmanship Qualification Badge with Rifle and Machinegun Bars"; and

      d.  providing him a correction to his separation document that
reflects these changes.




                            _____Linda D. Simmons  _
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005320                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/03/05                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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