RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        6 September 2007
      DOCKET NUMBER:  AR20070005411


      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             |
|     |Ms. Loretta D. Gulley             |     |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 award of the Combat Infantryman Badge (CIB).

2.  The applicant states, in effect, that he was assigned to the Republic
of Vietnam (RVN) as a clerk typist but during the TET Offensive came under
enemy attack, was issued a weapon and performed as a combat infantryman
from then on.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of the
United States Report of Transfer or Discharge).

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 is requesting correction of an alleged injustice which
occurred on 17 July 1969.  The application submitted in this case is dated
5 April 2007.

3.  The applicant's record shows that he was inducted into the Army of the
United States on 21 July 1969.  He completed basic combat training and
advanced individual training and was awarded the military occupational
specialty (MOS) 71B (Clerk Typist).  The highest grade held was Specialist
(E-4).

4.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 29 September 1968 through 16 July 1969 and that
during his RVN tour he was assigned to Headquarters and Headquarters
Company, 199th Infantry Brigade, performing duties in MOS 71B, Clerk
Typist.


5.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:  the
National Defense Service Medal (NDSM), the Vietnam Service Medal (VSM), the
Republic of Vietnam Campaign Medal (RVNCM) with “60” device, and the Army
Commendation Medal (ARCOM).

6.  On 17 July 1969, the applicant was honorably released from active duty
after completing a total of 1 year, 11 months, and 24 days of active
military service.  The DD Form 214 he was issued shows he earned the NDSM,
the RVNCM, and the VSM during his active duty tenure.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (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 Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

8.  A review of the applicant’s records indicates entitlement to  additional
awards and decorations that are not shown on his DD Form 214.

9.  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 the unit, to which the applicant
was assigned, the Headquarters and Headquarters Company, 199th Infantry
Brigade was cited for award of the Meritorious Unit Citation for the period
31 January 1968 through 15 June 1969 by Department of the Army General
Orders Number 39, dated 1971.

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 the unit, to which the applicant
was assigned,
the U.S. Military Assistance Command, Vietnam, was cited for award of the
RVN Gallantry Cross with Palm Unit Citation for the period 19 June 1968
through July 1970 by Department of the Army General Orders Number 51, dated
1971.

11.  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 the unit, to which the applicant
was assigned, the Headquarters and Headquarters Company, 199th Infantry
Brigade, was cited for award of the Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation for the period 12 December 1966 through 31
August 1970 by Department of the Army General Orders Number 51 dated 1971.

12.  Army Regulation 600-8-22, paragraph 2-13 provides guidance on the
Vietnam Service Medal.  It states, in pertinent part, that one bronze
service star is authorized with this award for each RVN campaign a member
is credited with participating in while serving in the RVN.  Appendix B
,Table B-1 of the same regulation contains a list of RVN campaigns and it
shows that during his tenure of assignment, the applicant was credited with
participating in the Vietnam Counteroffensive, Phase V campaign, the
Vietnam Counteroffensive Phase VI campaign, the TET 69 Counteroffensive
campaign, and the Vietnam Summer-Fall 1969 campaign.

13.  For Vietnam service, one overseas service bar is authorized for each
period of 6 months active Federal service as a member of a U.S. Service in
Vietnam from 1 July 1958 to 28 March 1973.  Both the month of arrival and
the month of departure from Vietnam are counted as whole months for credit
toward the Overseas Service Bar.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the CIB.

2.  There is no evidence of record nor has the applicant submitted any
evidence that shows he was awarded the CIB.

3.  Evidence of record shows that he served in an infantry unit; however,
the applicant's records are absent evidence that he served in an infantry
MOS in active ground combat while assigned or attached to an infantry unit
of brigade, regimental or smaller size and the applicant has failed to
provide any such evidence in support of his claim.  Therefore, he is not
entitled to award of the CIB.

4.  General Orders show that the unit which the applicant was assigned to
was awarded the Meritorious Unit Citation.  Therefore, he is entitled to
correction of his records to show this award.




5.  General Orders show that the unit which the applicant was assigned to
was awarded the RVN Gallantry Cross with Palm Unit Citation.  Therefore, he
is entitled to correction of his records to show this award.

6.  General Orders show that the applicant was awarded the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation.  Therefore, he
is entitled to correction of his records to show this award.

7.  Records show the applicant participated in four campaigns during his
service in Vietnam.  Therefore, he is entitled to correction of his record
to show award of four bronze service stars affixed to his already awarded
VSM.

8.  The applicant’s record shows that he completed one period of qualifying
active federal service in the Republic Vietnam.  Therefore, he is eligible
for award of one Overseas Service Bar.

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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_______  _________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___LDS__  ___FCJ__  ___CD__  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.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Meritorious Unit Citation, the RVN Gallantry
Cross with Palm Unit Citation, the RVN Civil Actions Honor Medal First
Class Unit Citation, four bronze service stars affixed to his already-
awarded VSM, and one Overseas Service Bar.




                            ____Linda D. Simmons_____
                                      CHAIRPERSON





                                    INDEX

|CASE ID                 |AR20070005411                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/06                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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