RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        04 October 2007
      DOCKET NUMBER:  AR20070004953


      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. Susan A. Powers               |     |Chairperson          |
|     |Mr. Edward E. Montgomery          |     |Member               |
|     |Mr. Qawiy A. Sabree               |     |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 Report of Transfer or Discharge (DD
Form 214) be corrected to show that he was awarded the Combat Infantryman
Badge; completed basic combat training (BCT) at Fort Dix, New Jersey;
completed advanced individual training (AIT) at Fort Leonard Wood,
Missouri; and was assigned to the 1st Cavalry Division, Airmobile while in
Vietnam.

2.  The applicant states that the abovementioned information was not
entered on his DD Form 214.  He states that that his military paperwork was
lost; however, it was eventually found.  He states that he is being treated
for post traumatic stress disorder at the Department of Veterans Affairs
(VA) hospital and he is applying for disability benefits the VA.

3.  The applicant provides in support of his application, a copy of his
DD Form 214.

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 was inducted into the Army in Newark, New Jersey, on
8 July 1965.  He completed his BCT at Fort Dix, Jersey, and his AIT at Fort
Leonard Wood, Missouri.  Upon completion of his training, he was assigned a
pioneer (12A10) military occupational specialty.  On 28 November 1965, he
was transferred to Vietnam and he was assigned to Company B, 8th Engineer
Battalion, 1st Calvary Division.

3.  The applicant returned to the Continental United States (CONUS) and he
was assigned to Company B, 16th Engineer Battalion, 1st Armor Division,
Fort Hood, Texas, on 9 January 1967.

4.  The applicant's service records show that his conduct and efficiency
ratings were excellent while he was on active duty in the Army.

5.  On 7 July 1967, the applicant was honorably released from active duty
(REFRAD) at the expiration of his term of service and he was transferred to
the United States Army Reserve Control Group (Annual Training) to complete
his Reserve obligation.

6.  The DD Form 214 he was furnished at the time of his REFRAD shows that
he was awarded the Vietnam Service Medal w/two Bronze Service Stars, the
Republic of Vietnam Campaign Medal, the National Defense Service Medal, the
Marksman Marksmanship Qualification Badge w/Pistol Bar, and the
Sharpshooter Marksmanship Qualification Badge w/Rifle Bar.

7.  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.

8.  Army Regulation 635-5 serves as the authority for the preparation of
the
DD Form 214.  It provides, in pertinent part, that the DD Form 214 will be
prepared to reflect an individual's service as it exists on the date of
REFRAD or discharge.

9.  Army Regulation 635-5 also provides, in pertinent part, that only
formal
in-service (full-time attendance) training courses successfully completed
during the period of service covered by the DD Form 214 will be listed and
that those courses non-combat arms related that are 40 hours (1 week) or
more in duration will be listed under military education.

10.  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.

11.  United States Army Vietnam Regulation Number 672-2 (Foreign Awards and
Decorations) provided for processing of foreign awards and decorations
presented to individuals and units.  This regulation, in pertinent part,
governed award of the Republic of Vietnam Gallantry Cross as a personal
decoration.  This decoration is awarded to personnel who have conducted
themselves with heroic action and have displayed deeds of valor while
fighting the enemy.  The more gallant and noteworthy the act, the higher
the level of the award.  This decoration was awarded in four degrees: with
Palm, with Gold Star, with Silver Star and with Bronze Star.  Approval to
accept and to wear a personal award of the Republic of Vietnam Gallantry
Cross required approval by the Commanding General of United States Army
Vietnam.  As with all foreign awards, each recipient of an approved foreign
award was provided a copy of the original citation from the foreign
government, a translation of the citation if necessary, and a letter
authorizing the recipient to receive and wear the decoration.

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, states
that the Meritorious Unit Commendation (formerly known as the Meritorious
Service Unit Plaque until 1 March 1961) is awarded to units for
exceptionally meritorious conduct in the performance of outstanding
services for at least six continuous months during the period of military
operations against an armed enemy occurring on or after 1 January 1944.
Service in a combat zone is not required, but must be directly related to
the combat effort.  The unit must display such outstanding devotion and
superior performance of exceptionally difficult tasks as to set it apart
and above other units with similar missions.  The degree of achievement
required is the same as that which would warrant award of the Legion of
Merit to an individual. Only in rare cases will a unit larger than a
battalion qualify for award of this decoration.  For services performed
during World War II, awards will be made only to service units and only for
services performed between 1 January 1944 and 15 September 1946.

13.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) lists the unit awards received by units
serving in Vietnam.  This document shows the unit, to which the applicant
was assigned,


was cited for award of the Meritorious Unit Commendation for the period
October 1965 to August 1966 by Department of the Army General Order (DAGO)
Number 17 dated 1968 and for the period 1 September 1966 to 31 August 1967
by DAGO Number 48 dated 1968; and the Republic of Vietnam Gallantry Cross
with Palm Unit Citation for the period 9 August 1965 to 19 May 1969 by DAGO
Number 11, dated 1973.

DISCUSSION AND CONCLUSIONS:

1.  There is no evidence in the available record that shows that the
applicant is entitled to the Combat Infantryman Badge.  He was awarded a
pioneer MOS and therefore, he is ineligible for award of the Combat
Infantryman Badge.

2.  The applicant's BCT and AIT were properly omitted from the military
education portion of his DD Form 214.  In accordance with the applicable
regulation, only the courses non-combat arms related that are 40 hours (1
week) or more in duration will be listed under military education.

3.  Although the applicant was assigned to the 1st Calvary Division while
he was in Vietnam, when he returned to the CONUS he was assigned to Company
B, 16th Engineer Battalion, 1st Armor Division, Fort Hood, Texas, on 9
January 1967, where he remained until he was REFRAD on 7 July 1967.  His DD
Form 214 specifically indicates that his last duty assignment and major
command is to be annotated.  Therefore, the information reflected in this
portion of his DD Form 214 is correct.

4.  However, the applicant is entitled to award of the Army Good Conduct
Medal based on his excellent conduct and efficiency ratings.  There is no
information contained in his record that would have disqualified him for
this decoration.  Accordingly, the Army Good Conduct Medal should be
included on his DD Form 214.

5.  Additionally, he is entitled to the Meritorious Unit Commendation and
the Republic of Vietnam Gallantry Cross with Palm Unit Citation.  DAGO
Numbers 17, 48 and 11 were published awarding him these decorations and it
would now be appropriate to include these decorations on his DD Form 214.

6.  In view of the forgoing, it would now be in the interest justice to
correct his records as recommended below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__QAS__  __SAP__  __EEM__  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.  As a result, the Board
recommends that all Department of the Army records of the individual
concerned be corrected by awarding him the Meritorious Unit Commendation
with Oak Leaf Cluster, the Republic of Vietnam Gallantry Cross with Palm
Unit Citation, the Army Good Conduct Medal for his service from 8 July 1965
through 7 July 1967, while serving in the rank of private fist class (E-3);
and amending his DD Form 214 to reflect these decorations.

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
awarding him the Combat Infantryman Badge and amending his DD Form 214 to
include his BCT and AIT and to show that he was assigned to the 1st Calvary
Division, Airmobile.




                            ____Susan A. Powers______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070004953                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/10/04                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/AWARDS AND DECORATIONS         |
|2.  157                 |107.0111/CIB                            |
|3.  189                 |110.0000/SEPARATION DOCUMENT            |
|4.  1                   |110.0400/ADD APPROVED AWARDS            |
|5.                      |                                        |
|6.                      |                                        |


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