RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        27 September 2007
      DOCKET NUMBER:  AR20070006292


      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. Richard T. Dunbar             |     |Chairperson          |
|     |Mr. Chester A. Damian             |     |Member               |
|     |Mr. Edward E. Montgomery          |     |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 award of the Combat Infantryman Badge.

2.  The applicant states that he was told that his military occupational
specialty (MOS) did not qualify.  He states that his records clearly state
that while he was assigned to Headquarters and Headquarters Troop, 2nd
Squadron, 11th Armored Calvary Regiment, his MOS was 11D10 (armor
reconnaissance specialist) which qualifies him for the Combat Infantryman
Badge.  He states that during the months of October and November 1969, he
was engaged in combat and that he received and returned fire on the enemy
in or around the areas of Loc Ninh and Bu Dop Vietnam.

3.  The applicant provides in support of his application a copy of his
Enlisted Qualification Record (DA Form 20) and a copy of his Report of
Transfer or Discharge (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.  On 25 July 1968, the applicant enlisted in the Army in Chicago,
Illinois, for 3 years, in the pay grade of E-1.  He successfully completed
his training as a cartographer draftsman and he was assigned to
Headquarters and Headquarters Company, United States Army Garrison, Fort
Riley, Kansas.

3.  The applicant was transferred to Vietnam on 31 July 1969 and he was
assigned to Headquarters and Headquarters Troop, 2nd Squadron, 11th Armored
Cavalry Regiment, performing duties as a scout observer.  On 9 January
1970, the applicant returned to his assigned duties as a cartographer
draftsman.

4.  While in Vietnam he participated in the following campaigns:  the
Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969; and the Vietnam Winter-Spring 1970, which extended from 1 November
1969 through 30 April 1970.

5.  The applicant returned to the Continental United States and he was
assigned to the 21st Engineer Company, Fort Belvoir, Virginia, on
26 October 1970, to perform his duties as a cartographer draftsman.

6.  The applicant was honorably released from active duty (REFRAD) on 31
May 1971, for the purpose of entering or returning to a college,
university, or an equivalent educational institution.  He was transferred
to the United States Army Reserve Control Group (Reinforcement) to complete
his Reserve obligation.  He had completed 2 years, 10 months, and 2 days of
net active service.

7.  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 Vietnam Service
Medal, the Republic of Vietnam Campaign Medal, and the Expert Marksmanship
Qualification Badge with Rifle Bar.

8.  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.

9.  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.

10.  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 Republic of Vietnam Gallantry
Cross with Palm Unit Citation for the period 29 July 1969 to 17 November
1970 by Department of the Army General Order (DAGO) Number 52 dated 1971;
and the Republic of Vietnam Gallantry Cross with Silver Star for the period
1 June 1969 to 30 August 1970 by DAGO Number 24, dated 1972.

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

DISCUSSION AND CONCLUSIONS:

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

2.  His contention that he served in an 11D (Scout Observer) MOS has been
noted.  However, that does not make the applicant qualified for award of
the Combat Infantryman Badge.  As previously stated, 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.  Therefore, he is not
entitled to the Combat Infantryman Badge.

3.  The applicant is entitled to the Republic of Vietnam Gallantry Cross
with Palm Unit Citation and the Republic of Vietnam Gallantry Cross with
Silver Star.  DAGO Numbers 52 and 24 were published awarding him these
decorations and it would now be appropriate to include these decorations on
his DD Form 214.

4.  Record shows the applicant was awarded the Vietnam Service Medal.
Additionally, records show the applicant participated in two campaigns
while serving in the Republic of Vietnam.  Therefore, he is entitled to
award of two Bronze Service Stars to be affixed to the Vietnam Service
Medal.

5.  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 2 of the BOARD
DETERMINATION/RECOMMENDATION section below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__RTD___  __CAD__  __EEM__  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  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.  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 that he was awarded the Republic of Vietnam Gallantry
Cross with Palm Unit Citation, the Republic of Vietnam Gallantry Cross with
Silver Star, and two Bronze Service Stars to be affixed to his Vietnam
Service Medal.




                                  ___Richard T. Dunbar____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070006292                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070927                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY W/NOTE                             |
|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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