RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 September 2007
      DOCKET NUMBER:  AR20070005537


      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. James Anderholm               |     |Chairperson          |
|     |Ms. LaVerne Berry                 |     |Member               |
|     |Mr. Ronald Gant                   |     |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 Army Commendation Medal and
the Good Conduct Medal be returned to him and, the Combat Infantryman Badge
be awarded to him and these awards be added to his DD Form 214, Armed
Forces of the United States, Report of Transfer or Discharge.  In addition,
the applicant requests that the Military Occupational Specialty (MOS) shown
on his DD Form 214 be corrected to show the MOS 11B instead of the
currently shown MOS, 55B.

2.  The applicant states, in effect, that he never worked as a 55B and some
of his medals were taken away as a result of an Article 15 he received in
November 1970.  He adds that the medals should be returned and he should be
awarded the Combat Infantryman Badge and his MOS should be changed to make
things right.

3.  The applicant provided no other documentation to support his request
besides his application to the Board.

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 records show that he was inducted into the Army of the
United States on 24 June 1969.  He completed basic combat training at Fort
Leonard Wood, Missouri, 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 later reclassified and was awarded the MOS 55B (Ammunition
Storage Specialist).

3.  The applicant served in Vietnam from 16 January 1970 through 28
December 1970, with the 528th Quartermaster Battalion and the 40th Ordnance
Company.

4.  The applicant was honorably released from active duty, on 28 December
1970, under the provisions of Army Regulation (AR) 635-200, early release
of overseas returnee.  He was separated in the rank and pay grade of
Specialist Four, E-4.  On the date he was released from active duty, he had
completed 1 year, 6 months, and 5 days active military service, with no
time lost.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of the applicant's DD Form 214,
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 Expert Marksmanship Qualification Badge, with Rifle Bar [M-16
Rifle].  The Army Commendation Medal, the Good Conduct Medal, and the
Combat Infantryman Badge are not shown on the applicant's DD Form 214.

6.  There is no entry in Item 41 (Awards and Decorations), of the
applicant's DA Form 20, Enlisted Qualification Record, showing he was
awarded the Army Commendation Medal, the Good Conduct Medal, and the Combat
Infantryman Badge.

7.  There are no orders in the applicant's military personnel records
awarding him the Army Commendation Medal, the Good Conduct Medal, and the
Combat Infantryman Badge.

8.  The applicant's assertion he had the Good Conduct Medal and the Army
Commendation Medal taken from him as a result of an Article 15 he received
in December 1970 was thoroughly researched.  No evidence was found to
confirm he received nonjudicial punishment under Article 15 of the Uniform
Code of Military Justice (UCMJ) or that he either of these awards was made
to him or that these awards were taken from him.

9.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline or a breach of
good order
while he served on active duty.  There is no record that he was subjected
to either nonjudicial punishment or to court-martial.  There is no entry in
Item 42 (Remarks), of the applicant's DA Form 20, to indicate that he was
disqualified from award of the Good Conduct Medal.

10.  The applicant's request to have the Army Commendation Medal, which
he alleges to have been taken from him as a result of an Article 15, in
November 1970, has been thoroughly researched.  Evidence that the Army
Commendation Medal was taken from him was not found.  In the absence of a
proper award authority for this decoration, the applicant may request
award of the Army Commendation Medal under the provisions of Section 1130
of Title 10, United States Code.  The applicant has been notified by
separate correspondence of the procedures for applying for this
decoration under Section 1130 and, as a result, it will not be discussed
further in this Record of Proceedings.

11.  The applicant was assigned to the Republic of Vietnam for the purpose
of being assigned in the MOS 11B; however, on arrival at the US Army
Vietnam Transient Detachment, he was assigned to the 528th Quartermaster
Battalion for duty in the MOS 63A.  He remained assigned to this unit until
1 February 1970 when he was reassigned to the 40th Ordnance Company for
duty and assignment in the MOS 55A.

12.  The applicant was promoted to the rank of Specialist Four, E-4, by
Special Orders 59, published by Headquarters, US Army Support Command, Da
Nang, on 9 February 1970, in the MOS 55B.  On the same date, the MOS 11B
was withdrawn and awarded to him as a secondary MOS and the MOS 55B was
awarded to him as a primary MOS.

13.  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.

14.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  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.

15.  Department of the Army (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 the units the applicant was
assigned to (both subordinate units of the US 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 Department of the Army
General Order (DAGO) Number 8, dated 1974, while he was a member of a US
Army Vietnam unit.

16.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

17.  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.

18.  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.

19.  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.
20.  AR 635-5 prescribed the separation documents that would be furnished
each individual who was separated from the Army, including ACDUTRA (Active
Duty for Training) personnel, and established standardized procedures for
the preparation and distribution of these documents.  Section III of this
regulation provided detailed guidance on entries to be made on the DD Form
214 for separating individuals.  Paragraph 52 provided that, "Item 53a and
b.  Enter primary MOS code number and title.  If the specialty represented
by the MOS has a related civilian occupation, enter in item 23b the
appropriate job title and code number from the dictionary of occupational
titles.  If not applicable, enter 'NA'."

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 was trained in and was awarded the MOS 11B as his primary
MOS.  He was assigned to the US Army Vietnam for duty in this MOS; but, the
evidence shows he was assigned to other than infantry units for duty in the
MOSs 63A and 55B, in turn.

3.  The evidence further shows he was promoted to the rank and pay grade,
Specialist Four, E-4, in the MOS 55B, and was reclassified to that MOS on
promotion.  He retained the MOS 11B as a secondary MOS; however, there
is no evidence he was ever assigned or attached to an infantry unit of
brigade, regimental or smaller size and that he served in positions
related to his infantry MOS.  There is also no evidence to show he served
in active ground combat while assigned or attached to an infantry unit.
Therefore, based on the evidence, the applicant is not entitled to award
of the Combat Infantryman Badge and to have it added to his DD Form 214.

4.  On the applicant's release from active duty, he held the MOS 55B as his
primary MOS. The MOS shown on his DD Form 214 was entered in accordance
with the guidance provided in the applicable regulation and is correctly
shown.  The applicant is therefore not entitled to a correction of his DD
Form 214 to show the MOS 11B as his primary MOS.
5.  The applicant consistently had "Excellent" conduct and efficiency
ratings throughout his active duty service.  He attained the rank and pay
grade of Specialist Four, E-4, and there is no record of nonjudicial
punishment as he asserts, or lost time in his service personnel records.
Based on this excellent record of service, he is eligible for award of the
Good Conduct Medal for the period 24 June 1969 through 28 December 1970 and
to have it added to his DD Form 214.

6.  There is an absence of a record of non-judicial punishment in the
applicant's service personnel record that would indicate previously
approved awards were taken from him.  He is therefore not entitled to the
return of awards which were not taken from him.

7.  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.

8.  The applicant served in units which were subordinate to the US Army
Vietnam.  The US Army Vietnam was awarded the Republic of Vietnam Gallantry
Cross, with Palm, Unit Citation, while he was a member of the units.  Based
on these assignments, he is entitled to this foreign unit award and to have
it added to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____A___  __LB ___  __RG ___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by:
      a.  awarding the applicant the Good Conduct Medal, for the period
24 June 1969 through 28 December 1970;

      b.  awarding the applicant three bronze service stars to be affixed to
his already-awarded 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; and


      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this award to his DD Form 214.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to:

      a.  a correction of his DD Form 214 to show he held the primary MOS
11B on his release from active duty date; and

      b.  award of the Combat Infantryman Badge and its addition to the
applicant's DD Form 214.




                            ______James E.  Anderholm__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070005537                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/09/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |107.0000                                |
|2.                      |107.0020                                |
|3.                      |107.0111                                |
|4.                      |107.0056                                |
|5.                      |                                        |
|6.                      |                                        |


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