RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 December 2007
      DOCKET NUMBER:  AR20070011370


      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:

|     |Mr. John N. Slone                 |     |Chairperson          |
|     |Ms. Marla J. N. Troup             |     |Member               |
|     |Mr. Thomas M. Ray                 |     |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 he was not awarded the CIB even
though he was attached to the 196th Light Infantry Brigade while serving in
the Republic of Vietnam (RVN).

3.  The applicant provides his separation document (DD Form 214 and an
extract of his 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 was inducted into the Army and
entered active duty on 22 March 1965.  He was trained in and awarded
military occupational specialty (MOS) 31B (Field Radio Mechanic), and
specialist four (SP4) was the highest rank he held while serving on active
duty.

3.  The applicant's DA Form 20 shows that he served in the RVN from 15 July
1966 through 14 March 1967.  Item 38 (Record of Assignments) shows that
during his RVN tour, he was assigned to Troop F, 17th Cavalry Regiment,
196th Infantry Brigade, performing duties in MOS 31B as a Radio Mechanic.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards during his active duty tenure:
National Defense Service Medal (NDSM); RVN Campaign Medal; Vietnam Service
Medal (VSM); and Sharpshooter Marksmanship Qualification Badge with Rifle
Bar.  The CIB is not included in the list of awards contained in Item 41.
5.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate the applicant was ever recommended
for or awarded the CIB by proper authority while serving on active duty.

6.  On 17 March 1967, the applicant was honorably separated after
completing
1 year, 11 months and 26 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 following awards during his active duty tenure:  NDSM; RVNCM;
and VSM.  The CIB is not included in the list of awards contained in Item
26 and the applicant authenticated this document with his signature in Item
34 (Signature of Person Being Transferred or Discharged) on the date of his
separation.

7.  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.

8.  Chapter 8 of the awards regulation contains guidance on the CIB.  It
states, in pertinent part, that in order to qualify for the CIB, a member
must meet the following three requirements:  be an infantryman
satisfactorily performing infantry duties; be assigned to an infantry unit
during such time as the unit is engaged in active ground combat; and
actively participate in such ground combat.  Service in a combat zone or
battle credit alone is not sufficient for award of the CIB.  The Awards
Branch of the U.S. Army Human Resources 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.

9.  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 unit (17th Cavalry Regiment, 196th
Infantry Brigade) received the RVN Gallantry Cross with Palm Unit Citation.
  It also shows that during the tenure of the applicant's assignment,
participation credit was granted Vietnam Counteroffensive Phase II
campaign.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CIB based on
service with a qualifying infantry unit in the RVN was carefully
considered.  However, by regulation, in order to support award of the CIB,
there must be evidence that the individual held and served in an infantry
MOS while assigned to an infantry unit of regimental, brigade or smaller
size, and that he was personally present with the qualifying infantry unit
while it was actively engaged in ground combat with hostile forces.

2.  The evidence of record in this case, although it shows the applicant
was assigned to a qualifying infantry unit, confirms he held and served in
MOS 31B as a field radio mechanic while serving in the RVN.  His record is
void of any orders or other documents showing that he was ever recommended
for, or awarded the CIB by proper authority while serving on active duty,
and the CIB is not included in the list of awards contained in Item 41 of
his DA Form 20.

3.  Further, the CIB is not included in the list of authorized awards
contained in Item 26 of the applicant's DD Form 214, which he authenticated
with his signature on the date of his separation.  In effect, his signature
on the DD Form 214 was his verification that the information contained on
the separation document, to include the list of awards, was correct at the
time the document was prepared and issued.  The applicant is advised that
combat service in an infantry unit alone does not support award of the CIB.
 Absent any evidence showing that he held and served in an infantry MOS in
the RVN, the regulatory burden of proof necessary to support award of the
CIB has not been satisfied in this case.

4.  The evidence does show that while serving on active duty, the applicant
earned the Sharpshooter Marksmanship Qualification Badge with Rifle Bar
and that based on his RVN service and campaign participation, he is
entitled
to the RVN Gallantry Cross with Palm Unit Citation and 1 bronze service
star
 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 his record as outlined in paragraph 2 of the
BOARD DETERMINATION/RECOMMENDATION section below.





BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JNS  __  __MJNT_  __TMR__  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 17 March 1967 DD Form 214 by deletion
the current list of awards and replacing it with the entry "National
Defense Service Medal, Republic of Vietnam Campaign Medal with 1960 Device,
Vietnam Service Medal with 1 bronze service star, Sharpshooter Marksmanship
Qualification Badge with Rifle Bar"; and by providing him a correction to
this separation document that reflects this change.




                                  _____John N. Slone______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070011370                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/12/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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