RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070016189


      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, award of the Combat Infantryman
Badge (CIB).

2.  The applicant states, in effect, he is entitled to the CIB based on his
service with Headquarters and Headquarters Troop (HHT), 11th Armored
Cavalry Regiment.

3.  The applicant 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 that he was initially inducted into the
Army and entered active duty on 13 September 1967.  He was trained in and
awarded military occupational specialty (MOS) 05B (Radio Operator).  He
served for
1 year and 8 months until being honorably released from active duty
(REFRAD), in the rank of private first class (PFC), and transferred to the
United States Army Reserve (USAR) on 20 May 1969.  The separation document
(DD form 214) he was issued at the time shows he earned the National
Defense Service Medal and Armed Forces Expeditionary Medal-Korea.

3.  On 19 June 1969, the applicant enlisted in the Regular Army, in the
rank of PFC, for 6 years and reentered active duty in that status.  His
Enlisted Qualification Record (DA Form 20) shows, in Item 22 (Military
Occupational Specialties), that he held the primary MOS of 05B and
secondary MOS of 11B (Light Weapons Infantryman).  Item 31 (Foreign
Service) shows he served in the Republic of Vietnam (RVN) from 9 July 1969
through 8 July 1970.  Item 38 (Record of Assignments) shows that during his
RVN tour, he was assigned to the Air Cavalry Troop (ACT) and HHT, 3rd
Squadron, 11th Armored Cavalry Regiment, performing duties in MOS 11B as a
Grenadier.
4.  The list of awards contained in Item 41 (Awards and Decorations) of the
applicant's DA Form 20 does not include the CIB, and the applicant last
audited the DA Form 20 on 6 July 1970.  His Military Personnel Records
Jacket (MPRJ) is void of any orders or other documents indicating that he
was ever recommended for or awarded the CIB by proper authority while
serving in the RVN.

5.  On 29 December 1970, the applicant was honorably REFRAD, in the rank of
specialist four, after completing a total of 1 year, 9 months, and 6 days
of active military service.  The DD Form 214 he was issued shows he earned
the National Defense Service Medal, Vietnam Service Medal (VSM), RVN
Campaign Medal, and 2 Overseas Service Bars.  The applicant authenticated
the DD Form 214 with his signature in Item 32 (Signature of Person Being
Transferred or Discharged) on the date of his REFRAD.

6.  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.

7.  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 Summer-Fall 1969, Vietnam
Winter-Spring 1970, Sanctuary Counteroffensive, and the Vietnam
Counteroffensive Phase VII campaigns.

8.  Chapter 8, Section II, of the awards regulation contains guidance on
Combat and Special Skill Badges.  Paragraph 8-6 contains guidance on award
of the
CIB.  It states, in pertinent part, that a Soldier must meet three basic
requirements to qualify for the CIB.  First, he must be an infantryman
satisfactorily performing infantry duties; second he must be assigned to an
infantry unit of brigade, regimental or smaller size; and there must be
evidence that he was present and participated with his qualifying infantry
unit while it was actively engaged in ground combat with enemy forces.
Assignment to a qualifying infantry unit or campaign or battle credit alone
is not sufficient to support award of the CIB.

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 (3rd Squadron, 11th Armored
Cavalry) received the RVN Gallantry Cross with Palm Unit Citation.
DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he is entitled to the CIB for his
service with HHT, 11th Armored Cavalry Regiment, was carefully considered.
However, by regulation, in order to support award of the CIB, there must
not only be evidence that a member served in an infantry MOS in an infantry
unit, but also that he was personally present and participated with the
qualifying infantry unit while it was engaged in active ground combat with
enemy forces.

2.  The applicant's MPRJ is void of any orders or other documents
indicating that the applicant was ever recommended for or awarded the CIB
by proper authority while serving on active duty.  The CIB is not included
in the list of awards contained in Item 41 of his DA Form 20, which he last
audited on 6 July 1970, just two days prior to his departure from the RVN.
It is also not included in the list of awards contained on his 29 December
1970 DD Form 214, which he authenticated with his signature on the date of
his separation.  In effect, his signature was his verification that the
information on the separation document, to include the list of awards, was
correct at the time it was prepared and issued.

3.  Further, although the evidence of record shows the applicant was
performing infantry duties in an infantry unit, it also shows that he was
assigned to a headquarters unit, not a traditional infantry line unit, and
there is no evidence confirming he was personally present and participating
with the unit while it was engaged in active ground combat with enemy
forces.  As a result, the regulatory burden of proof necessary to support
award of the CIB has not been satisfied in this case, and there is an
insufficient evidentiary basis to support granting the requested relief.

4.  The evidence does shows that based on his service and campaign
participation in the RVN, the applicant is entitled to the RVN Gallantry
Cross with Palm Unit Citation and 4 bronze service stars with his VSM.  The
omission of these awards from his separation document 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

___MDM_  __JCR __  __RCH__  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 and 4 bronze service stars with his Vietnam
Service Medal; and by providing him a correction to his separation document
that includes these awards.




                                  _____Mark D. Manning_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070016189                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/03/DD                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1970/12/29                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |Unfulfilled Contract                    |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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