RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        18 July 2007
      DOCKET NUMBER:  AR20070000578


      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             |
|     |Ms. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John Slone                    |     |Chairperson          |
|     |Mr. David K. Haasenritter         |     |Member               |
|     |Mr. William Blakely               |     |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 that his records be corrected to show that he
was awarded the Combat Infantryman Badge.

2.  The applicant states that the Combat Infantryman Badge was not recorded
on his Report of Transfer or Discharge (DD Form 214); and that he was
awarded the Combat Infantryman Badge while he was serving with Company D,
1st Battalion, 4th Infantry Division, in August 1970.

3.  The applicant provides in support of his application copies of pictures
and what appears to be a news article indicating that he was awarded the
Combat Infantryman Badge.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 12 November 1971.  The application submitted in this case
is dated 27 December 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  On 13 March 1970, the applicant was inducted into the Army in Albany,
New York and he successfully completed his training as a light weapons
infantryman.  On 17 July 1970, he was transferred to the Republic of
Vietnam.

4.  The records show that the applicant was assigned to Company D,
1st Battalion, 12th Infantry Regiment, 4th Infantry Division, when General
Orders Number 5263 was published on 19 October 1970, awarding him the Army
Commendation Medal for meritorious achievement for the period covering
17 September 1970 to 15 October 1970, while serving in the Republic of
Vietnam.


5.  On 19 January 1971, General Orders Number 00804 was published awarding
the applicant the Army Commendation Medal for meritorious achievement in
connection with military operations against a hostile force for the period
covering 1 September 1970 through 31 December 1970.

6.  On 21 July 1971, General Orders Number 08220 was published awarding the
applicant the Army Commendation Medal for meritorious service in connection
with military operations against a hostile force for the period covering 1
August 1970 through 30 June 1971.

7.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase VII,
which extended from 1 July 1970 through 30 June 1971; and Consolidation I,
which extended from 1 July through 30 November 1971.

8.  The applicant was transferred to the Continental United States on
4 August 1971 and he was assigned to the United States Army Missile
Command, Redstone Arsenal, Alabama.

9.  The applicant's records show that his conduct and efficiency ratings
were excellent while he was in the Army and there is no indication in his
records of any nonjudicial punishments or court-martial convictions.

10.  The applicant was honorably released from active duty (REFRAD) on
12 November 1971, under the provisions of Army Regulation 635-200,
paragraph 5-3, under the Early Release for Army of the United States
Personnel Program.  The DD Form 214 that he was furnished at the time of
his REFRAD shows that he was awarded the National Defense Service Medal,
the Air Medal, the Sharpshooter Marksmanship Qualification Badge with Rifle
Bar (M-16), the Vietnam Service Medal, the Sharpshooter Marksmanship
Qualification Badge with Automatic Rifle Bar (M-76), the Expert
Marksmanship Qualification Badge with Machinegun Bar (M-60), the Republic
of Vietnam Campaign Medal w/Device 1960, and two Overseas Service Bars.
However, his awards of the Army Commendation Medal are not included on his
DD Form 214.

11.  The news article that the applicant submitted in support of his
application indicates that he was awarded the Combat Infantryman Badge
while he was in Vietnam for satisfactorily performing in active ground
combat against units of the North Vietnamese Army and the Viet Cong for a
period of time.  The newspaper


article also indicates the applicant received the badge while he was a
rifleman with Company D, 1st Battalion of the 4th Infantry Division.  The
news article is not dated and the information contained therein his not
verifiable.

12.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
procedures concerning awards.  Paragraph 8-6 provides for award of the
Combat Infantryman Badge.  That paragraph states that there are basically
three requirements for award of the Combat Infantryman Badge.  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, in effect, that an Army enlisted
Soldier must have an infantry or special forces specialty, satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or special forces unit of brigade, regimental, or smaller size
during any period such unit was engaged in active ground combat.
Eligibility for special forces personnel (less the special forces medical
sergeant) accrues from 20 December 1989.  Retroactive awards for special
forces personnel are not authorized.  A recipient must be personally
present and under hostile fire while serving in an assigned infantry or
special forces primary duty, in a unit actively engaged in ground combat
with the enemy.

13.  Army Regulation 672-5-1, in effect at the time, provides that the Good
Conduct Medal is awarded to individuals who have completed a qualified
period of active duty enlisted service.  This period is 3 years except in
those cases when the period for the first award ends with the termination
of a period of Federal military service.  The enlisted person must have had
all “excellent” conduct and efficiency ratings and no convictions by a
court-martial.  Ratings of "Unknown" for portions of the period under
consideration are not disqualifying.  Service and efficiency ratings based
upon academic proficiency of at least "Good" rendered subsequent to 22
November 1955 are not disqualifying.

14.  Department of the Army Pamphlet 672-3, Unit Citation and Campaign
Participation Credit Register, dated 29 January 1988, which lists unit
awards received by units serving in Vietnam, shows that the unit the
applicant was assigned to was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period 20 July 1965 through 28 March
1973, by DAGO Number 8, dated 1974.





15.  Army Regulation 600-8-22, in pertinent part, authorizes award of a
Bronze Service Star, based on qualifying service, for each campaign listed
in its Appendix B and states that authorized Bronze Service Stars will be
worn on the appropriate service medal, in this case, the Vietnam Service
Medal.

DISCUSSION AND CONCLUSIONS:

1.  A review of the applicant's available records fails to show that he was
awarded the Combat Infantryman Badge.

2.  Although his available records show that he was awarded a light weapons
infantryman military occupational specialty and that he was assigned to an
infantry regiment, his available records do not show that he was engaged in
active ground combat while assigned to the regiment.

3.  The applicant's contentions have been noted.  However, there no orders
in the available record awarding the applicant the Combat Infantryman Badge
and an undated news article from an unknown source is simply not sufficient
evidence to support including the Combat Infantryman Badge on his DD Form
214.  Based on the available evidence, the Combat Infantryman Badge was
appropriately omitted from his DD Form 214.

4.  However, in accordance with the applicable regulation and the
applicant's overall record of service, he should have been awarded the Army
Good Conduct Medal.  As previously stated, his conduct and efficiency
ratings were excellent while he was in the Army.  He met the criteria for
award of the Army Good Conduct Medal and in the interest of justice, it
would be appropriate to award him this decoration and his DD Form 214
accordingly.

5.  The available record does show that the applicant was awarded the Army
Commendation Medal (Second Oak Leaf Cluster) as orders were published
awarding him this decoration.  Additionally, the unit to which the
applicant was assigned was awarded the Republic of Vietnam Gallantry Cross
with Palm Unit Citation.  He is also entitled to two Bronze Service Stars
for wear on his Vietnam Service Medal and these decorations should be
included on his DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 12 November 1971; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 11 November 1974.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JS__  ___DKH__  ___WB___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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

      a.  publishing orders awarding him the Army Good Conduct Medal for the
period covering 13 March 1970 through 12 November 1971, while serving in
the rank of specialist (E-4);


      b.  showing that he was awarded two Bronze Service Stars for wear on
his Vietnam Service Medal, the Army Commendation Medal (Second Oak Leaf
Cluster), and the Republic of Vietnam Gallantry Cross with Palm Unit
Citation; and


      c.  amending his DD Form 214 accordingly.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
correcting his records to show that he was awarded the Combat Infantryman
Badge.




                            ___      John Slone      ___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000578                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/07/18                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  157                 |107.0111/CIB                            |
|3.  66                  |107.0020/ARCOM                          |
|4.  146                 |107.0100/RVNGC W/PALM                   |
|5.  189                 |110.0000/SEPARATION DOCUMENT            |
|6.                      |                                        |


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