RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070016181


      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. Mark D. Manning               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Rowland C. Heflin             |     |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, a second award of the Combat
Infantryman Badge (CIB).

2.  The applicant states, in effect, he served in the Korean War as an
infantryman and was wounded, and received his first CIB for this combat
service in Korea.  He states that he also served in the Republic of Vietnam
(RVN) as an infantryman and was wounded, and he feels he deserves a second
award of the CIB for this combat service in the RVN.

3.  The applicant refers to his Department of Veterans Affairs (VA) file
and his military record; however, provides no 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 he served on active duty from 20 June 1947
through 15 April 1955.  A separation document (DD Form 214) he was issued
on 15 May 1952, shows he served in Korea and earned the following awards:
Purple Heart (PH); Korean Service Medal with 5 bronze service stars; Bronze
Star Medal (BSM); United Nations Service Medal (UNSM); Army Good Conduct
Medal (AGCM); Army of Occupation Medal with Japan Clasp; and the CIB.  A
DD Form 214 issued on 15 April 1955, shows he earned the National Defense
Service Medal and the Army of Occupation Medal with Germany Clasp during
the period of service covered by that separation document, which was 16 May
1952 through 15 April 1955.  He entered on his final period of active duty
service on 5 May 1955.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows, in
item 22 (Military Occupational Specialties), that he held the primary
military occupational specialty (PMOS) of 11F (Infantry Operations and
Intelligence Specialist) and the secondary MOS (SMOS) 11C (Infantry
Indirect Fire Crewman).  Item 31 (Foreign Service) shows that in addition
to serving in Korea during the Korean War between September 1949 and June
1951, he also completed a tour in Korea from 4 February 1956 through 26 May
1958; and that he served in the RVN from 20 May 1966 through 7 April 1967.
Item 38 (Record of Assignments) shows that during his RVN tour, he was
assigned to Company D, 1st Battalion, 7th Cavalry Regiment, performing
duties in MOS 11F as an infantry operations and intelligence sergeant.

4.  Item 40 (Wounds) of the applicant's DA Form 20 contains three entries
that indicate the applicant received shrapnel wounds to his left thigh and
right elbow  in October 1950, while serving in Korea; and that he sustained
a gunshot wound to his right leg on 26 June 1967, while serving in the RVN.
 Item 41 (Awards and Decorations) shows that he earned the following
awards:  AGCM (2nd Award); BSM; PH (1st Oak Leaf Cluster); NDSM (1st Oak
Leaf Cluster); AOM-Germany; UNSM; KSM; Republic of Korea Presidential Unit
Citation (ROKPUC); CIB; Vietnam Service Medal (VSM); RVN Campaign Medal;
Driver and Mechanic Badge; and Expert Marksmanship Qualification Badge with
Rifle Bar.

5.  The applicant's Military Personnel Records Jacket (MPRJ) contains
orders awarding the applicant the BSM, for meritorious service in the RVN
from May 1966 through January 1967 and the Air Medal, for meritorious
achievement while participating in aerial flight during the period May 1966
through January 1967.

6.  On 31 August 1968, the applicant was honorably retired, in the rank of
sergeant first class, after completing a total of 21 years, 1 month, and 22
days of active military service.  The DD Form 214 he was issued at the time
shows, in Item 24 (Decorations, Medals, Badges, Commendations, Citations
and Campaign Ribbons Awarded or Authorized), that he received the NDSM (1st
Oak Leaf Cluster); VSM; RVN Campaign Medal; AGCM (2nd Award); and PH
(1st Oak Leaf Cluster).

7.  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.  The version of the regulation in effect at the time of the
applicant's retirement provided for entering only awards earned during the
period covered by the DD Form 214.  The current version of the regulation
provides for entering all awards earned throughout military service on the
final DD Form 214 issued at retirement.
8.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards
policy.  Paragraph 2-13 provides 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.

9.  Table B-1 of the awards regulation contains a list of RVN campaigns.
It shows that during the applicant's tenure of assignment in the RVN,
participation credit was granted for the Vietnam Counteroffensive Phase I
and the Vietnam Counteroffensive Phase II campaigns.

10.  Paragraph 2-20 of the awards regulation contains guidance on the Korea
Defense Service Medal.  It states, in pertinent part, that it is authorized
for members who served in Korea for 30 consecutive or for 60 nonconsecutive
days during the period between 28 July 1954 and a date to be determined.

11.  Paragraph 6-8 of the awards regulation contains guidance on the use of
service stars.  It states, in pertinent part, service stars are authorized
with the KSM for each campaign a member was credited with participating in
during the Korean Conflict, and that a silver service star is worn instead
of 5 bronze service stars, to denote participation in 5 campaigns.

12.  Section II, Chapter 8 of the awards regulation contains guidance on
the award of combat and special skill badges.  Paragraph 8-6 contains
guidance on award of the CIB.  It states, in pertinent part, that there are
three basic requirements for award of the CIB.  These requirements are that
the member hold an infantry MOS; that he serve in a qualifying infantry
unit of brigade, regimental, or smaller size; and that he be personally
present with and participate with the unit while it is engaged in active
ground combat with enemy forces.  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.

13.  The awards regulation stipulates that a separate award of the CIB has
been authorized for qualified Soldiers for the Korean Conflict (27 June
1950 to 27 July 1953) and the RVN Vietnam Conflict (2 March 1961 to 28
March 1973).  A star is superimposed on the CIB to denote a second award.

14.  Paragraph 9-16 contains guidance on the Republic of Korea War Service
Medal (ROKWSM).  It states, in pertinent part, that it is authorized for
members who served in Korea for 30 consecutive or 60 non-consecutive days
between
25 June 1950 and 27 July 1953.

15.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the Republic of Vietnam Gallantry Cross with Palm
Unit Citation to all personnel assigned to the RVN from 8 February 1962
through 28 March 1973.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim of entitlement to the second award of the CIB for
his combat service in the RVN was carefully considered and found to have
merit.  By regulation, the CIB was authorized for the RVN Conflict to
members who held an infantry MOS, served in an infantry type unit of
brigade, regimental, or smaller size, and who were present and participated
with the qualifying unit while it was engaged in active ground combat with
enemy forces.  In this case, it is clear the applicant held an infantry MOS
and served in a qualifying infantry type unit.  Further, given he was
wounded in action in the RVN, it is reasonable to presume he was present
and actively participated in active ground combat with enemy forces.
Therefore, it would be appropriate and serve the interest of equity and
justice to award him the second award of the CIB and by adding this award
to his record and separation document at this time.

2.  The applicant's record also shows that during his RVN tour, he was
awarded the Air Medal and a second award of the BSM, which were not
included on his final DD Form 214.  Therefore, it would also be appropriate
to add these awards to his final separation document at this time.

3. In addition, based on his service in Korea between 1949 and 1951 and
between 1957 and 1958, he is entitled to both the ROKWSM and KDSM; and
based on his RVN service and campaign participation, he is entitled to the
RVN Gallantry Cross with Palm Unit Citation and 2 bronze service stars with
his VSM. As a result, it would also be appropriate to add these awards to
his final separation document.

BOARD VOTE:

___MDM_  __JCR __  __RCH__  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief.  As a result, the Board recommends that all
Department of the Army records of the individual concerned be corrected by:

      a.  awarding him the 2nd Award of the Combat Infantryman Badge for
his qualifying combat infantry service in the Republic of Vietnam;

      b.  amending Item 24 of his 31 August 1968 DD Form 214 by deleting
the current list of awards and replacing it with the entry “National
Defense Service Medal (1st Oak Leaf Cluster) [2nd Award]; Bronze Star Medal
(1st Oak Leaf Cluster) [2nd Award]; Air Medal; Purple Heart (1st Oak Leaf
Cluster) [2nd Award]; Army Good Conduct Medal (2nd Award); Army of
Occupation Medal with Japan Clasp; Army of Occupation Medal with Germany
Clasp; Korean Service Medal with 1 silver service star; United Nations
Service Medal; Republic of Korea Presidential Unit Citation; Republic of
Korea War Service Medal; Korean Defense Service Medal; Vietnam Service
Medal with 2 bronze service stars; Republic of Vietnam Campaign Medal with
Device (1960); Republic of Vietnam Gallantry Cross with Palm Unit Citation;
Combat Infantryman Badge (2nd Award); Driver and Mechanic Badge; Expert
Marksmanship Qualification Badge with Rifle Bar”; and

      c.  providing him a correction to his 31 August 1968 DD Form 214 that
includes these changes.




                                  _____Mark D. Manning_______
                                             CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016181                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/08/31                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PLUS                              |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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