RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070000621


      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. James Anderholm               |     |Chairperson          |
|     |Mr. Jose Martinez                 |     |Member               |
|     |Mr. William Crain                 |     |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 he be awarded the Combat Infantryman Badge,
the Presidential Unit Citation and the Combat Action Ribbon.  He also
requests that his military occupation specialty (MOS) be changed from
supply clerk (76P20) to infantryman (11B20).


2.  The applicant states that the "military person" who typed his Report of
Transfer or Discharge (DD Form 214) erroneously changed his MOS from
infantryman to supply clerk.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 18 October 1968.  The application submitted in this case
is dated 19 October 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.  The applicant was inducted into the Army in Beckley, West Virginia, on
19 October 1966 and he successfully completed his training as a supply
clerk.  On 3 March 1967, he was transferred to the Republic of Vietnam and
he was assigned to 102nd Engineer Company.

4.  On 17 December 1967, the applicant was transferred to Headquarters,
Headquarters Company, 4th Engineer Battalion, 4th Infantry Division in the
Republic of Vietnam.





5.  While in Vietnam, the applicant participated in the following two
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase II,
which extended from 1 July 1966 through 31 May 1967; and the Vietnam
Counteroffensive, Phase III, which extended from 1 June 1967 through 29
January 1968.

6.  On 22 March 1968, he returned to the Continental United States and he
was assigned to Company E, 1st School Battalion, Fort Eustis, Virginia.

7.  The applicant was honorably released from active duty (REFRAD) on
18 October 1968, at the expiration of his term of service.  The DD Form 214
that he was furnished at the time of his REFRAD shows that he was awarded
the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, the
National Defense Service Medal and the Expert Marksmanship Qualification
Badge (Rifle M-14).

8.  The available records fail to show that the applicant ever held an
infantryman MOS while he was in the Army.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
that the Combat Infantryman Badge is awarded to infantry officers and to
enlisted and warrant officer persons who have an infantry military
occupational specialty (MOS).  They must have served in active ground
combat while assigned or attached to an infantry unit of brigade,
regimental or smaller size.  The Awards Branch of the U.S. Army Human
Resources Command (formerly known as the Total Army Personnel Command) has
advised, in similar cases, that during the Vietnam era the Combat
Infantryman Badge was awarded only to enlisted individuals who held and
served in MOS 11B, 11C, 11F, 11G, or 11H.

10.  Department of Defense Instruction 1348.33 (Military Awards Program)
shows that the Combat Action Ribbon was authorized by the Secretary of the
Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the
U.S. Marine Corps and the U.S. Coast Guard operating under the control of
the U.S. Navy in the grade of 0-6 and below who have actively participated
in ground or surface combat.  The Department of Defense Instruction lists
the actions for which the Combat Action Ribbon is authorized beginning with
Southeast Asia (1 March 1961 and ending with Operation Desert Storm in
1991.

11.  Department of Defense Instruction 1348.33 states that an individual
who earned the Combat Infantryman Badge in the Army may be authorized to
wear the Combat Action Ribbon instead.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the
Presidential Unit Citation (known as the Distinguished Unit Citation until
3 November 1966) is awarded for extraordinary heroism in action.  A unit
must display such gallantry, determination and esprit de corps in
accomplishing its mission as would warrant award of the Distinguished
Service Cross to an individual.

13.  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 Meritorious Unit Citation, for
the period 13 October 1967 through 15 July 1968, Department of the Army
General Order (DAGO) Number 42, dated 1968; the Republic of Vietnam
Gallantry Cross with Palm Unit Citation, for the period October 1966
through 28 July 1969, by DAGO Number 3, dated 1970; and the Republic of
Vietnam Civil Actions Honor Medal, First Class, Unit Citation, for the
period 1 October 1966 through 31 October 1969, by DAGO Number 53, dated
1970.

14.  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.

15.  Army Regulation 670-1, in effect at the time, governed the
requirements for the overseas service bar.  In pertinent part, it provided
that a bar is authorized for wear for each period of active Federal service
as a member of the U.S. Army outside of the continental limits of the
United States.  One overseas service bar is authorized for each six-month
period served in the Republic of Vietnam.  To calculate the entitlement,
both the month of arrival and month of departure are counted as a whole
month no matter the number of days in that month that were spent in the
hostile fire zone.

DISCUSSION AND CONCLUSIONS:

1.  A review of the available records fails to show that the applicant is
entitled to the Combat Infantryman Badge, the Combat Action Ribbon or the
Presidential Unit Citation.






2.  The applicant's contentions have been noted.  However, there is no
evidence in the available records that show that the applicant held an
infantryman MOS while he was in the Army.  The records show that he served
in a supply clerk MOS and in accordance with the applicable regulation, he
is not entitled to the Combat Infantryman Badge or to a change of his MOS.

3.  The applicant is not entitled to the Combat Action Ribbon as he did not
earn the award of the Combat Infantryman Badge as required by regulation.

4.  There is no evidence in the available records nor has the applicant
submitted any evidence to show that the unit to which he was assigned was
ever cited in orders for award of the Presidential Unit Citation and
therefore, he is not entitled to this decoration.

5.  However, the applicant's records do show that the unit to which he was
assigned was cited in orders for award of Meritorious Unit Citation,
the Republic of Vietnam Gallantry Cross with Palm Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation.
Therefore, these decorations should be included on his DD Form 214.

6.  His records also show that he is entitled to two Bronze Service Stars
for wear on in his Vietnam Service Medal and two Overseas Service Bars for
each 6 month period that he served in Vietnam.  Accordingly, he is entitled
to have the decorations included on his DD Form 214.

7.  Evidence shows that the applicant’s records contain administrative
error which does not require action by the Board.  Therefore,
administrative correction of the applicant’s records will be accomplished
by the Case Management Support Division (CMSD), St. Louis, Missouri, as
outlined by the Board in paragraph 3 of the BOARD
DETERMINATION/RECOMMENDATION section below.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 18 October 1968; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 17 October 1971.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.




BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___JA___  __JM ___  __WC ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.

3.  The Board determined that administrative error in the records of the
individual concerned 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 Meritorious Unit
Citation, the Republic of Vietnam Gallantry Cross with Palm Unit Citation,
the Republic of Vietnam Civil Actions Honor Medal, First Class, Unit
Citation, two Bronze Service Stars for wear on his Vietnam Service Medal
and two Overseas Service Bars.





                                  ____ James Anderholm______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000621                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS & DECORATIONS           |
|2.  76                  |107.0030/COMBAT ACTION RIBBON           |
|3.  77                  |107.0031/PUC                            |
|4.  125                 |107.0079/OVERSEAS SERVICE RIBBON        |
|5.  146                 |107.0100/RVNGC W/PALM                   |
|6.  157                 |107.0111/CIB                            |


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