RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        13 March 2008
      DOCKET NUMBER:  AR20070017224


      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, that he served in the Republic of
Vietnam (RVN) from February through May of 1968, and that he did not
receive the CIB when he was discharged from the Army.  He claims the unit
deployed to the RVN to participate in Operation Urgent Fury, to assist in
countering the TET offensive.

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 inducted into the Army and
entered active duty on 10 May 1966.  He was trained in and awarded military
occupational specialty (MOS) 11B (Light Weapons Infantryman), and
specialist four (SP4) is the highest rank he attained while serving on
active duty.

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows that
he served in the RVN from 14 February through 14 April 1968.  Item 38
(Record of Assignments) shows that the applicant was assigned to Company A,

1st Battalion, 505th Infantry Regiment, from Fort Bragg, North Carolina, on

13 February 1968, and deployed to and arrived in the RVN with his unit on
14 February 1968.  He was assigned to duties in MOS 11B as a Grenadier.  It
also shows that the applicant redeployed to Fort Bragg, for redeployment
processing on 15 April 1968.

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows
that he earned the following awards and decorations during his active duty
tenure:  National Defense Service Medal (NDSM); Vietnam Service Medal
(VSM); Parachutist Badge; Sharpshooter Marksmanship Qualification Badge
with Rifle (M-16 & M-14) Bar; and Expert Marksmanship Qualification Badge
with Machinegun (M-60) 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
orders or any other documents that indicate he was ever recommended for or
awarded the CIB during his active duty tenure.  There are also no documents
confirming his personal participation in ground combat with enemy forces
during the period he served in the RVN.

6.  On 24 April 1968, the applicant was honorably separated after
completing a total of 1 year, 11 months, and 15 days of active military
service.  The separation document (DD Form 214) he was issued at the time
shows he earned the NDSM, VSM, and Parachutist Badge during his active duty
tenure.  The CIB is not included in the list of awards contained on the DD
Form 214 and the applicant authenticated the document with his signature on
the date of his separation.

7.  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 the VSM 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 tenure of assignment in the RVN, participation credit was
granted for the TET Counteroffensive campaign.

8.  Section II, Chapter 8 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 in order to support award of
the CIB there must be evidence that the member held and served in an
infantry MOS; that he served in an infantry unit of brigade, regimental or
smaller size; and that he was present with and participated with his
qualifying infantry unit while it was engaged in active ground combat with
enemy forces.  Service in a combat area and campaign participation credit
alone do not support award of the CIB.

9.  Department of the Army General Order Number 8, dated in 1974,
authorized the award of the RVN 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 CIB was carefully
considered. However, by regulation, in order to qualify for award of the
CIB there must be evidence not only that the member held and served in an
infantry MOS with a qualifying infantry unit, but also that he was present
and personally participated with his qualifying infantry unit while it was
engaged in active ground combat with enemy forces.

2.  The evidence of record is void of any orders or other documents that
indicate the applicant was ever recommended for or awarded the CIB while
serving on active duty.  The CIB is not included in Item 41 of his DA Form
20 or in the list of awards contained on 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 of his separation. As a result, there is a
presumption of regularity attached to this document, and absent any
evidence confirming his personal participation in active ground combat with
his qualifying infantry unit, the regulatory burden of proof necessary to
support award of the CIB has not been satisfied in this case.  Therefore,
it would not be appropriate or serve the interest of all those who served
in the RVN and who faced similar circumstances to support award of the CIB
at this late date.

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 in regard to award of
the CIB.  The applicant and all others concerned should know that this
action in no way diminishes the sacrifices made by the applicant in service
to our Nation.  The applicant and all Americans should be justifiably proud
of his service in arms.

4.  The evidence of record does show that the applicant earned the
Sharpshooter Marksmanship Qualification Badge with Rifle (M-16 and M-14)
Bar and the Expert Marksmanship Qualification Badge with Machinegun (M-60)
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
for wear on his VSM.  The omission of these awards from his separation
document is an administrative matter that does not require action by the
Board.  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

___MDM_  __JCR __  __RCH__  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 to show his entitlement to the Republic of Vietnam Gallantry
Cross with Palm Unit Citation,
1 bronze service star for wear on his Vietnam Service Medal, Sharpshooter
Marksmanship Qualification Badge with Rifle (M-16 and M-14) Bar and the
Expert Marksmanship Qualification Badge with Machinegun (M-60) Bar; and by
providing him a correction to his separation document that includes these
awards.




                                  _____Mark D. Manning_____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070017224                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2008/02/                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1968/04/24                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |OS Rtn                                  |
|BOARD DECISION          |DENY with Note                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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