RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 September 2007
      DOCKET NUMBER:  AR20070006358


      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. Judy L. Blanchard             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. William D. Powers             |     |Chairperson          |
|     |Ms. LaVerne M. Douglas            |     |Member               |
|     |Mr. Jerome L. Pionk               |     |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 Silver Star (SS), the
Combat Infantryman Badge (CIB) and a number of Air Medals.

2.  The applicant states, in effect, that he was assigned to Headquarters
Battalion of the first Calvary in paper only.  While in country he was
deployed to the 3rd ranger Battalion in Cambodia, he also worked with
multiple infantryman units.  However, the paper work is missing.

3.  The applicant provides no additional documents 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 requests award of the SS.  However, there are no orders
or other evidence on file in his Official Military Personnel File (OMPF)
that confirms he is entitled to this award.  In the absence of authority
for this
award, he may request award of the SS under the provisions of Section 1130
of Title 10 of the United States Code (10 USC 1130).  The applicant has
been notified by separate correspondence of the procedures for applying for
this award under 10 USC 1130.  As a result, his request for award of the SS
will not be discussed further in this Record of Proceedings.

3.  The applicant’s record shows he enlisted in the Regular Army on
21 September 1967.  He was trained in, awarded, military occupational
specialty (MOS) 13E, and the highest rank he attained while serving on
active duty was specialist 4 (SP4).

4.  The applicant’s military record shows that he served in the RVN from 23
May 1969 through 28 April 1970, and he was assigned to Headquarters and
Headquarters Company (HHC), 1st Battalion, 1st Cavalry Division, performing
duties in MOS 13E.  The applicant’s Enlisted Qualification Record (DA Form
20) is missing from his file.

5.  On 28 April 1970, the applicant was honorably released from active duty
after completing 2 years, 7 months, and 8 days of active military service.
Item
24 (Decorations, Medals, Badges, Commendations, Citations and Campaign
Ribbons Awarded or Authorized) shows he earned the National Defense Service
Medal, the Vietnam Service Medal, the Vietnam Campaign Medal, the Bronze
Star Medal, the Air Medal and the Expert Qualification Badge during his
active duty tenure.  The applicant authenticated this document with his
signature on the date of his separation.  The applicant’s DD Form 215
(Correction to the DD Form 214, Certificate Of Release or Discharge From
Active Duty),  dated 7 May 1993, shows that the Vietnam Service Medal and
the Vietnam Campaign Medal were deleted and the following awards were
added:  The Vietnam Service Medal with three bronze service stars, the
Republic of Vietnam Campaign Ribbon with Device (1960), the Republic of
Vietnam Gallantry Cross with Palm Unit Citation Badge and the Republic of
Vietnam Civil Actions Honor Medal First Class Unit Citation Badge.

6.  The applicant requests additional awards of the Air Medal.  However,
the applicant's record does not contain any orders confirming the award of
the Air Medal.  There are no orders or other evidence on file in his
Official Military Personnel File (OMPF) that confirms his entitlement to
the Air Medal.  In the absence of authority for the additional awards, the
applicant may request additional awards of the Air Medal under the
provisions of 10 USC 1130.  The applicant has been notified by separate
correspondence of the procedures for applying for the additional awards
under 10 USC 1130.  As a result, the applicant's request for the additional
awards of Air Medal will not be discussed further in this Record of
Proceedings.

7.  Army Regulation 600-8-22, Paragraph 8-6, provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  The Soldier
must be an infantryman satisfactorily performing infantry duties, he must
be assigned to an infantry unit during such time as the unit is engaged in
active ground combat, and he must actively participate in such ground
combat.

8.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation established the criteria for
award of the Combat Infantryman Badge as the man who trained, lived, and
fought as an infantryman.  It stated that the Combat Infantryman Badge is
the unique award established to recognize the infantryman and only the
infantryman for his service and further added, “The Combat Infantryman
Badge is not an award for being shot at or for undergoing the hazards of
day-to-day combat.”  This regulation also stated the Combat Infantryman
Badge was authorized for award to infantry officers and to enlisted
Soldiers who have an infantry MOS and required that they must have served
in active ground combat while assigned or attached to an infantry unit of
brigade, regimental or smaller size.  Award of the Combat Infantryman Badge
during the Vietnam-era was announced in unit special orders, normally
published at battalion or brigade level.  In addition, in similar cases
regarding enlisted Soldiers, the Military Awards Branch, U.S. Army Human
Resources Command, has advised that during the Vietnam-era the Combat
Infantryman Badge was awarded only to enlisted Soldiers who held and served
in MOS 11B, 11C, 11F, 11G, or 11H.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contentions were carefully considered and found to be
insufficient in merit.  The evidence of record fails to show, in fact, that
the applicant met all three (emphasis added) of the basic qualifying
criteria that were required for award of the CIB during his service in
Vietnam.  Specifically, that the Soldier must be an infantryman
satisfactorily performing infantry duties, he must be assigned to an
infantry unit during such time as the unit is engaged in active ground
combat, and he must actively participate in such ground combat.  In
addition, there are no unit special orders or any other evidence of record
that shows the applicant was awarded the Combat Infantryman Badge.
Moreover, the CIB was awarded only to enlisted Soldiers who held and served
in MOS 11B, 11C, 11F, 11G, or 11H. The evidence of record shows that the
applicant MOS was 13E, that MOS was not eligible for award of the Combat
Infantryman Badge. Therefore, in view of the foregoing, there is
insufficient evidence upon which to base award of the Combat Infantryman
Badge in this case.

2.  In order to justify correction of a military record the applicant must
satisfactorily show, or it must otherwise satisfactorily appear, that the
record is in error or unjust.  The applicant has failed to submit
sufficient evidence that would satisfy this requirement.






BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___WDP_  ___LMD _  __JLP___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.





                                  ____William D. Powers_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR                                      |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/09/25                              |
|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.                      |                                        |


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