RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 February 2008
      DOCKET NUMBER:  AR20070012044


      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. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Ms. Susan A. Powers               |     |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, he received the CIB while serving in
the Republic of Vietnam (RVN); however, it was not added to the list of
awards contained on his separation document (DD Form 214).

3.  The applicant provides no additional documentary evidence 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 30 November 1965.  He successfully completed basic
combat training at Fort Carson, Colorado, and advanced individual training
(AIT) at
Fort Riley, Kansas.  Upon completion of AIT, he was awarded military
occupational specialty (MOS) 76Y (Unit Supply Clerk).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 10 January 1967 through 13 November 1967.  Item
38 (Record of Assignments) shows that during his RVN tour, he was assigned
to Headquarters and Headquarters Company (HHC), Company A and Company B,
2nd Battalion, 47th Infantry Regiment, performing duties in MOS 76Y as a
supply clerk and armorer.  The list of awards contained in Item 41 (Awards
and Decorations) does not include the CIB.

4.  The applicant's Military Personnel Records Jacket (MPRJ) is void of any
orders or other documents that indicate he was ever recommended for or
awarded the CIB by proper authority while serving in the RVN.
5.  On 13 November 1967, the applicant was honorably released from active
duty (REFRAD) after completion a total of 1 year, 11 months and 14 days of
active military service.  Item 24 (Decorations, Medals, Badges,
Commendation, 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:  National Defense Service Medal; Vietnam
Service Medal; RVN Campaign Medal with Device (1960); Expert Marksmanship
Qualification Badge with Rifle Bar; and 1 Overseas Service Bar.  The CIB is
not included in the list of awards contained in Item 24 and the applicant
authenticated this document with his signature in Item 52 (Signature of
Person Being Transferred or Discharged) on the date of his REFRAD.

6.  Army Regulation 600-8-22 (Military Awards) prescribes 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.

7.  Chapter 8 of the awards regulation contains guidance on combat and
special skill badges.  Paragraph 8-6 provides the policy and procedure for
award of the CIB.  It states, in pertinent part, that there are basically
three requirements for award of the CIB.  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.
Specific requirements state, a recipient must be personally present and
under hostile fire while serving in an assigned infantry primary duty, in a
unit actively engaged in ground combat with the enemy.  The Military Awards
Branch of the United States Army Human Resources Command (formerly known as
the Total Army Personnel 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.

8.  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 (2nd Battalion, 47th Infantry
Regiment) received the RVN Gallantry Cross with Palm Unit Citation and the
RVN Civil Actions Honor Medal First Class Unit Citation.  It also confirms
that during the period of his RVN assignment, participation credit was
granted for the Vietnam Counteroffensive Phase II and the Vietnam
Counteroffensive Phase III campaigns.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request was carefully considered.  However, award of
the CIB is limited to those Soldiers who hold and serve in an infantry MOS,
in a qualifying infantry unit of brigade, regimental or smaller size, and
who are personally present and participate with their qualifying infantry
unit while it is actively engaged in ground combat with enemy forces.
Combat service alone does not support award of the CIB.

2.  The evidence of record confirms the applicant held and served in a
supply MOS, as a unit supply clerk and armorer while serving in the RVN.
Although, he was assigned to an infantry unit, there is no evidence of
record or independent evidence provided by the applicant that shows he ever
held and/or served in an infantry MOS during his tour of duty in the RVN.
The CIB is not included in the list of awards contained in Item 41 of his
DA Form 20.  There are no orders or other documents on file in his MPRJ
that indicate he was ever recommended for or awarded the CIB by proper
authority while serving in the RVN, and the CIB is not included in the list
of awards contained in Item 24 of his DD Form 214, which he authenticated
with his signature on the date of his separation.  In effect, his signature
on the separation document was his verification that the information it
contained, to include the list of awards in Item 24, was correct at the
time the
DD Form 214 was prepared and issued.  Therefore, the regulatory burden of
proof necessary to support award of the CIB has not been satisfied in this
case.

3.  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.

4.  The evidence of record does show that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation, RVN Civil Actions Honor Medal First Class
Unit Citation, and 2 bronze service stars with his Vietnam Service Medal.
The omission of these awards from his record and separation document is an
administrative matter that does not require Board action to correct.
Therefore, the Case Management Support Division (CMSD), St. Louis,
Missouri, will administratively correct his record 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

___KAN _  __JAM __  __SAP __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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 his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, Republic of Vietnam Civil Actions Honor
Medal First Class Unit Citation and
2 bronze service stars for wear on his already-awarded Vietnam Service
Medal; and by providing him a correction to his separation document that
includes these awards.




                                  _____Kathleen A. Newman___
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070012044                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1967/11/13                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OSRET                                   |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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