RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        2 February 2006
      DOCKET NUMBER:  AR20050007499


      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.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Mr. Luis Almodova                 |     |Senior Analyst       |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Mr. Michael J. Flynn              |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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, in effect, that the Combat Infantryman Badge be
added to his DD Form 214, Armed Forces of the United States, Report of
Transfer or Discharge.

2.  The applicant states, in effect, that his Combat Infantryman Badge is
not shown on his DD Form 214.  He adds that he was in Vietnam from 27
September 1968 to 21 September 1969.  He further adds that he is sure the
Combat Infantryman Badge is in his records but it was not placed on his DD
Form 214 at the time of his separation.

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

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error, which
occurred on 28 August 1971, the date he was released from active duty.  The
application submitted in this case is dated 11 May 2005.

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 limitation 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 enlisted in the Regular Army for 4 years on 27 February
1968.  Following completion of basic combat training at Fort Jackson, South
Carolina, he completed advanced individual training at Fort Belvoir,
Virginia.  He was awarded the military occupational specialty (MOS) 52B,
Power Generation Equipment Operator/Mechanic.

4.  The applicant was assigned to Vietnam and he arrived there on 27
September 1968.  He was assigned to Headquarters, 409th Radio Research
Detachment.  The applicant served with this unit until he completed his
overseas tour in Vietnam on 21 September 1969.
5.  The applicant was honorably released from active duty on 28 August
1971, under the provisions of Army Regulation (AR) 635-200, with an early
release to attend school.  He was released from active duty in the rank and
pay grade of Specialist Five, E-5.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized), of his DD Form 214, shows he
was awarded the Army Commendation Medal, the Good Conduct Medal, the
National Defense Service Medal; the Vietnam Service Medal, and the Republic
of Vietnam Campaign Medal, the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar (M-16 Rifle), and Marksman Marksmanship
Qualification Badge, with Rifle Bar (M-14 Rifle).  The Combat Infantryman
Badge is not shown among his awards.

7.  Item 22 (Military Occupational Specialties), of the applicant's DA Form
20, Enlisted Qualification Record, shows that the applicant held the
primary MOS 52B, and a secondary MOS of 63C20, General Vehicle Repairman.

8.  There are no orders in the applicant's service personnel records
showing he was reclassified to an Infantry MOS.  Item 38 (Record of
Assignments), of the applicant's DA Form 20, shows he consistently
performed duty in the MOS 52B throughout his service in the Army.

9.  The applicant's DD Form 214 shows entitlement to the Vietnam Service
Medal; however, it does not show the bronze service stars to which he is
entitled for his campaign participation.

10.  While in Vietnam, the applicant participated in the following four
campaigns:  the Vietnam Counteroffensive, Phase V, which extended from 1
July through 1 November 1968; the Vietnam Counteroffensive, Phase VI, which
extended from 2 November 1968 through 22 February 1969; the Tet 69
Counteroffensive, which extended from 23 February through 8 June 1969; and
the Vietnam Summer-Fall 1969, which extended from 9 June through 31 October
1969.

11.  DA 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 the unit the applicant was assigned to was
awarded the Meritorious Unit Commendation, for the period 1 August 1968
though 30 September 1969, by Department of the Army General Orders (DAGO)
Number 51, dated 1971; the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 1 May 1969 through 15 February 1970, by DAGO
Number 50, dated 1971; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period 1 January 1969 through 1
April 1970, by DAGO Number 6, dated 1974.  These unit awards do not appear
on the applicant's DD Form 214.

12.  AR 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.

13.  AR 600-8-22 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 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.

14.  AR 670-1, chapter 29, prescribes policy and guidance for wear of U.S.
and foreign unit awards.  This regulation states that a soldier may wear
the unit award permanently if the individual was assigned to, and present
for duty with the unit any time during the period cited; or was attached
by competent orders to, and present for duty with the unit during the
entire period, or for at least 30 consecutive days of the period cited.
Individuals may not wear more than one Republic of Vietnam Gallantry Cross
Unit Citation and one Republic of Vietnam Civil Actions Honor Medal Unit
Citation; this precludes wear of the Vietnamese fourrageres, which
represent additional unit awards.

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.  The applicant was classified as a non-infantry Soldier.  He held a
primary MOS 52B and a secondary MOS 63C.  There is no evidence the
applicant was ever reclassified to an infantry MOS.  There is no evidence
the applicant was awarded the Combat Infantryman Badge.

2.  Throughout his assignment in Vietnam, the applicant was assigned to the
409th Radio Research Detachment.  There is no evidence he was assigned or
attached to an infantry unit of brigade, regimental, or smaller size, and
that he served in active ground combat while assigned or attached to such a
unit.  The applicant is therefore not eligible for award of the Combat
Infantryman Badge and to have it added to his DD Form 214.

3.  The evidence shows the applicant served in Vietnam from 27 September
1968 through 21 September 1969.  This is a 12-month period counting the
month of his arrival and including the month of his departure from
Vietnam.  He is therefore entitled to award of two overseas service bars
and to have these bars added to his DD Form 214.

4.  The applicant participated in four campaigns while he served in
Vietnam.  He is therefore entitled to award of four bronze service stars to
be affixed to his already-awarded Vietnam Service Medal and to have them
shown on his separation document.

5.  The applicant served in a unit that was awarded the Meritorious Unit
Commendation; the Republic of Vietnam Gallantry Cross, with Palm, Unit
Citation; and the Republic of Vietnam Civil Actions Honor Medal, First
Class, Unit Citation while he was a member of the unit.  He is therefore
entitled to these unit awards and to have them added to his separation
document.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 28 August 1971, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 27 August 1974.  However, 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.
7.  Evidence shows that the applicant’s records contain administrative
error, which does not require action by the Board.  Therefore, the Case
Management Support Division (CMSD), St. Louis, Missouri, will accomplish
administrative correction of the applicant's records as outlined by the
Board in paragraph 3 of the Board Determination/Recommendation section
below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_DJP____  _YM____  __MJF___  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 should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned by:

      a.  awarding the applicant the Meritorious Unit Commendation; the
Republic of Vietnam Gallantry Cross, with Palm, Unit Citation, and the
Republic of Vietnam Civil Actions Honor Medal, First Class, Unit Citation,
and adding these unit awards to the applicant's DD Form 214;
b.  awarding the applicant four bronze service stars to be affixed to his
Vietnam Service Medal to denote his campaign participation credit and
adding these service stars to his DD Form 214; and


      c.  awarding the applicant two overseas service bars and adding these
bars to his DD Form 214.




                                  _____Yolanda Maldonado_____
                                            CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050007499                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060202                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY WITH NOTE                          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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