RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        15 November 2007
      DOCKET NUMBER:  AR20070007100


      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. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Larry C. Bergquist            |     |Member               |
|     |Mr. Dale E. DeBruler              |     |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, that while serving in the Republic of
Vietnam (RVN), he was assigned to a typical infantry line unit.  He further
states that after serving in the unit for a period of time and completing
several missions in and around his fire base, he was handed orders awarding
him the CIB by his unit commander.  He further indicates that he stored the
CIB orders he received in an aviator bag he stored in the rear and they
were destroyed during the monsoon season when the gear got wet.  He states
he was young at the time and just assumed his orders would be filed in his
Military Personnel Records Jacket (MPRJ); however, due to a clerical error
they were not.  He also claims that the Bronze Star Medal (BSM) he was
awarded for meritorious achievement, which his unit commander also provided
him orders for, was also not properly filed in his record.

3.  The applicant provides a self-authored statement 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 initially enlisted in the Regular
Army (RA) and entered active duty on 10 August 1970.  On 13 April 1971, the
applicant was honorably discharged for the purpose of immediate
reenlistment.  The separation document (DD Form 214) he was issued at the
time shows he completed 8 months and 4 days of active military service and
that he had earned the National Defense Service Medal (NDSM) and
Parachutist Badge.

3.  On 14 April 1971, the applicant reenlisted for 3 years.  His Enlistment
Qualification Record (DA Form 20) shows he was trained in and awarded
military occupational specialty (MOS) 11B (Light Weapons Infantryman) on 28
January 1971, and that he served in the RVN from 20 June 1971 through 1
March 1972.  Item 38 (Record of Assignments) shows that during his RVN
tour, he was assigned to Company B (25 July-2 August 1971), Company A (3-18
August 1971) and Headquarters and Headquarters Company (19 August 1971-1
March 1972), 2nd Battalion, 506th Infantry Regiment, performing duties in
MOS 11B as a rifleman and automatic rifleman.  Item 41 (Awards and
Decorations) has a CIB entry, which is lined out.  Item 48 (Date of Audit)
shows the applicant last audited the DA Form 20 on 19 April 1972.

4.  On 11 January 1974, the applicant was honorably released from active
duty after completing a total of 3 years, 5 months and 2 days of total
active military service. The DD Form 214 he was issued at the time shows he
earned the NDSM, Vietnam Service Medal (VSM), Parachutist Badge, and
Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  On 27 June 1975, the applicant enlisted in the RA for 3 years and
reentered active duty.  His Personnel Qualification Record (DA Form 2-1)
shows in
Item 9 (Awards, Decorations & Campaigns) that the applicant earned the
following awards during his active duty tenure:  NDSM; VSM; RVN Campaign
Medal with Device (1960); Parachutist Badge; RVN Gallantry Cross with Palm
Unit Citation; and Sharpshooter Marksmanship Qualification Badge with Rifle
Bar.  The applicant last reviewed this record on 21 June 1976.

6.  The applicant's MPRJ includes Headquarters, 101st Airborne Division
(Airmobile) General Orders Number 1137, dated 9 February 1972, which
awarded the applicant the BSM for meritorious service in the RVN during the
period June 1971 to June 1972.  The record also contains Headquarters,
101st Airborne Division (Airmobile) General Orders Number 11541, dated
29 November 1971, which awarded the applicant the Air Medal for the period
20 June 1971 to 20 November 1971.

7.  On 10 August 1976, the applicant was honorably discharged after
completing a total of 4 years, 6 months and 10 days of active military
service.  Item 26 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was
issued at the time shows he earned the NDSM, VSM, RVN Campaign Medal with
Device (1960), RVN Gallantry Cross with Palm Unit Citation, and Parachutist
Badge.  The CIB is not included in the list of awards and the applicant
authenticated this document with his signature on the date of his
separation.
8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  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.  Table B-1 contains a list of RVN campaigns and shows that
during the applicant's tenure of assignment, participation credit was
granted for the Vietnam Counteroffensive Phase VII, Consolidation I, and
Consolidation II campaigns.

9.  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 who
meet the following three basic requirements; hold and serve in an infantry
MOS; serve in a qualifying infantry unit of brigade, regimental or smaller
size; and be personally present and participate with the qualifying
infantry unit while it is engaged in actual ground combat with enemy
forces.  Combat service alone is not sufficient to support award of the
CIB.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.  Chapter 2 contains instructions for preparing the DD Form 214.  The
instructions of the awards block state to enter all awards earned during
all periods of military service.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the CIB was carefully
considered.  However, although the applicant held and served in an infantry
MOS in a qualifying infantry unit while serving in the RVN, there is
insufficient evidence to confirm his presence and personal participation
with his qualifying infantry unit, while it was engaged in active ground
combat with enemy forces.

2.  The applicant's DA Form 20 shows he was assigned to a headquarters
company for half of his RVN tour.  It also contains a lined out CIB entry
in the awards block, which indicates the applicant did not receive the
award, and the applicant last audited the DA Form 20 on 19 April 1972, a
month after he completed his RVN tour.  In effect, his audit of the DA Form
20 was his verification that the information contained on the record was
correct at that time.

3.  The applicant's DA Form 2-1, which he last reviewed on 21 June 1976,
also does not include the CIB in the list of awards contained in Item 9.
As a result, absent any evidence confirming the applicant’s presence and
personal participation with his qualifying infantry unit while it was
engaged in active ground combat with enemy forces while serving in the RVN,
or of orders awarding him the CIB by proper authority while serving on
active duty, the regulatory burden of proof necessary to support award of
the CIB has not been satisfied in this case.

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

5.  The applicant's record shows that he received the BSM and Air Medal
while serving on active duty and that these awards were erroneously omitted
from the list of awards contained on his separation document.  It also
shows that based on his campaign participation in the RVN, he is entitled
to 3 bronze service stars with his VSM.  The omission of these awards from
his DD Form 214 is an administrative matter that does not require Board
action.  Therefore, the Case Management Support Division (CMSD), St. Louis,
Missouri, will administratively correct the record as outlined in paragraph
2 of the BOARD DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__MKP __  __LCB   _  __DED__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable
error or injustice related to award of the Combat Infantryman Badge.
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 by amending Item 26 of his 10 August 1976 DD Form 214 by deleting
the current list of awards and replacing it with the entry "National
Defense Service Medal, Bronze Star Medal, Air Medal, Vietnam Service Medal
with 3 bronze service stars, Republic of Vietnam Campaign Medal with Device
(1960), Republic of Vietnam Gallantry Cross with Palm Unit Citation,
Parachutist Badge, and Sharpshooter Marksmanship Qualification Badge with
Rifle Bar"; and by providing him a correction to his separation document
that includes these awards.




                                  _____Margaret K. Patterson___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070007100                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/11/15                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1976/08/10                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |EDP                                     |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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