RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        31 July 2007
      DOCKET NUMBER:  AR20070003533


      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:

|     |Ms. Jeanette R. McCants           |     |Chairperson          |
|     |Mr. Thomas M. Ray                 |     |Member               |
|     |Mr. Jeffrey C. Redmann            |     |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 correction of his Report of Transfer or
Discharge (DD Form 214) to show his military occupational specialty as
112.00 (heavy weapons infantryman); that he was awarded the Vietnam Service
Medal; and that he was awarded the combat infantryman badge.

2.  The applicant states, in effect, that the Combat Infantryman Badge and
the Vietnam Service Medal were erroneously omitted from his DD Form 214;
and that his service MOS was Heavy Weapons Infantryman.

3.  The applicant provides copies of documents maintained in his official
military file.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 22 October 1965.  The application submitted in this case
is dated 22 February 2007.

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 29 October 1963, the applicant was inducted into the Army in
Cincinnati, Ohio.  He successfully completed his training and on 11 April
1964, Special Orders Number 87 was published awarding him a 112.00 (Heavy
Weapons Infantryman) MOS effective 8 April 1964.  He was transferred to
Fort Riley, Kansas and he remained there until he was transferred to
Vietnam with his unit on 25 June 1965.

4.  The available records show that while in Vietnam, the applicant was
assigned to Company B, 1st Battalion, 18th Infantry Regiment when he was
awarded the Combat Infantryman Badge in Special Orders Number 37,
Headquarters, 2nd Infantry Brigade, dated 15 September 1965.  His records
also show that he was awarded the Vietnam Service Medal in October 1965, in
accordance with Army Regulation 672-5-1.
5.  On 19 October 1965, the applicant was transferred to the Continental
United States.

6.  On 22 October 1965, the applicant was honorably released from active
duty (REFRAD) as an overseas returnee.  The DD Form 214 that he was
furnished at the time of his REFRAD indicates that he was awarded the Armed
Forces Expeditionary Medal, the Army Good Conduct Medal, and the Expert
Marksmanship Qualification Badge w/Rifle Bar.  However the Combat
Infantryman Badge and the Vietnam Service Medal were not included on his DD
Form 214.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Vietnam Service Medal.  This medal is awarded to all
members of the Armed Forces of the United States for qualifying service in
Vietnam after 3 July 1965 through 28 March 1973.  Qualifying service
included attachment to or assignment for 1 or more days with an
organization participating in or directly supporting military operations.

8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent
part, that the Armed Forces Expeditionary Medal is authorized for
participants in military operations within a specific geographic area
during a specified time period.  Paragraph 2-13d specifically provides that
individuals qualified for the Armed Forces Expeditionary Medal for service
in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain
qualified for that medal.  Upon request, a unit personnel officer may award
the Vietnam Service Medal in lieu of the Armed Forces Expeditionary Medal,
but the regulation requires that the Armed Forces Expeditionary Medal be
removed from the records of the individual.  No person will be entitled to
both awards for Vietnam Service.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Republic Vietnam Campaign Medal.  This medal was awarded
by the Government of Vietnam to all members of the Armed Forces of the
United States for qualifying service in Vietnam during the period 1 March
1961 through 28 March 1973.  Qualifying service included assignment in
Vietnam for 6 months or more.  Qualifying service outside the geographical
limits of the Republic of Vietnam required the individual to provide direct
combat support to the Republic of Vietnam and Armed Forces.  Individuals
who had qualified for award of the Vietnam Service Medal or the Armed
Forces Expeditionary Medal and were evacuated prior to completing six
months of service due to wounds resulting from hostile action were entitled
to award of the Republic of Vietnam Campaign Medal.

10.  Army Regulation 672-5-1 (Military Awards) provides that the National
Defense Service Medal is awarded for honorable active service for any
period covering 27 July 1950 through 27 July 1954 and 1 January 1961
through
14 August 1974,  inclusive.

DISCUSSION AND CONCLUSIONS:

1.  Why the Armed Forces Expeditionary Medal was included on the
applicant's DD Form 214 as opposed to the Vietnam Service Medal that he was
awarded in October 1965 is unclear.  However, according to the applicable
regulation, no person is entitled to both awards for Vietnam Service.  If
the applicant desires to be awarded the Vietnam Service Medal, he may
submit an application to this Board specifically requesting removal of the
Armed Forces Expeditionary Medal from his DD Form 214 and addition of the
Vietnam Service Medal.  Nonetheless, the decision as to which of the two
decorations should be included on his DD Form 214 lies solely with the
applicant.

2.  The applicant is not entitled to award of the Republic of Vietnam
Campaign Medal.  Although he served in Vietnam during the 1 March 1961
through 28 March 1973 timeframe, he did not serve for a qualifying period
which was 6 months.  Therefore, he is not entitled to award the Republic of
Vietnam Campaign Medal.

3.  However, it appears that an error was made during the preparation of
the applicant's DD Form 214 which resulted in the incorrect MOS being
reflected.  There is no evidence in the available record that indicates
that he was ever awarded a clerk typist MOS.  The records show that he was
awarded a Heavy Weapons Infantryman MOS when he was in the Army and this
MOS should have been annotated on his DD Form 214.

4.  The records also show that the applicant was awarded the Combat
Infantryman Badge in Special Orders Number 37, effective 15 September 1965.
 Therefore, this decoration should be included on his DD Form 214.

5.  He is also entitled to the National Defense Service Medal for his
honorable active service during the 1 January 1961 through 14 August 1974
time frame.  Consequently, this decoration should also be included on his
DD Form 214.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 22 October 1965; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
21 October 1968.  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

__JRM__  __JCR___  __TMR__  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 amending his DD Form
214 to show that he was awarded MOS 112.00 (Heavy Weapons Infantryman), the
National Defense Service Medal, and the Combat Infantryman Badge.

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
amending his DD Form 214 to show award of the Vietnam Service Medal.




                            _Jeanette R. McCants__
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070003533                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070731                                |
|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/COMBAT INFANTRYMAN BADGE       |
|3.  1121                |100.0000/ADMINISTRATIVE MATTERS         |
|4.  6                   |100.0500/CHANGE MOS                     |
|5.                      |                                        |
|6.                      |                                        |


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