RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        26 January 2006
      DOCKET NUMBER:  AR20050008011


      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             |
|     |Ms. Antoinette Farley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. John T. Meixell               |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Ms. Rose M. Lys                   |     |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 for his
service in Vietnam.

2.  The applicant states that his military records are not correct based on
poor paper work.  He believes he has earned the award of the Combat
Infantryman Badge.

3.  The applicant provides a copy of his DD Form 214 (Armed Forces of The
United States Report of Transfer or Discharge) with a separation date of
5 December 1969.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 5 December 1969, the date of his separation from active
duty.  The application submitted in this case is dated 9 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 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's military records show he was inducted into the U.S.
Army on 7 March 1968 for a period of 2 years.  He completed basic training
and advanced individual training and was awarded primary military
occupational specialty 13A10 (Field Artillery Cannoneer).  The applicant
was also awarded a secondary MOS (Light Weapons Infantryman).  He served in
Vietnam from 8 November 1968 through 1 December 1969.  The applicant was
honorably separated from active duty on 5 December 1969.

4.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form
214 (Armed Forces of the United States Report of Transfer or Discharge)
does not show award of the Combat Infantryman Badge.


5.  There are no orders in the applicant’s service personnel records which
show that he was awarded the Combat Infantryman Badge.

6.  Item 22 (Military Occupational Specialties) of the applicant's DA Form
20 shows he was awarded primary MOS 13A10 as a Cannoneer.  This section
also shows he was awarded a secondary MOS of Light Weapons Infantryman.

7.  Item 38 (Records of Assignments) of the applicant's DA Form 20 shows he
was assigned in Vietnam in the duty MOS 13A10 while serving with Battery B,
2nd Battalion of the 320th Artillery from 8 November 1968 through
1 December 1969.

8.  Item 41 (Awards and Decorations) of the applicant's DA Form
20 (Enlisted Qualification Record) does not show award of the Combat
Infantryman Badge.

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.  Review of the applicant's record indicates entitlement to additional
awards that are not shown on his DD Form 214.

11.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign
Participation Credit Register) shows the unit awards received by units
serving in Vietnam.  Department of the Army Pamphlet 672-3 shows the unit,
to which the applicant was assigned, was cited for award of the Republic of
Vietnam Gallantry Cross with Palm Unit Citation from 19 July 1968 through
14 May 1969, based on Headquarters Department of the Army General Orders
Number 43, dated 1970.

12.  Department of the Army Pamphlet 672-3, in pertinent part, also shows
the unit, to which the applicant was assigned, was cited for award of the
Republic of Vietnam Civil Actions Honor Medal First Class Unit Citation for
actions during the period 18 March 1968 through 2 May 1970, based on
Department of the Army General Orders Number 48, 1971.


13.  The applicant's records show that he was awarded the Vietnam Service
Medal.  However, his records do not show any bronze service stars
indicating campaign credit.  His records show that he participated in the
Vietnam Counteroffensive, Phase V; Vietnam Counteroffensive, Phase VI; Tet
69 Counteroffensive, 1969; Vietnam Summer-Fall 1969; and Vietnam Winter-
Spring 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 Appendix B of this regulation and states that authorized bronze service
stars will be worn on the appropriate service medal.  The regulation also
provides that a silver service star will be awarded in lieu of five bronze
service stars.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Combat
Infantryman Badge.

2.  There is no evidence in the available records and the applicant has not
provided evidence which shows that he was awarded the Combat Infantryman
Badge.

3.  The applicant's military records show he was awarded MOS 13A10 (Field
Artillery Cannoneer) which is not among those MOSs which qualified for
award of the Combat Infantryman Badge in accordance with Army regulations.


4.  Additionally, there is evidence that the applicant was awarded a
secondary MOS of 11B10 (Light Infantryman); however, his record shows he
did not serve in an infantry duty position in Vietnam from 6 December 1968
through 1 December 1969 which is required by regulation for award of the
Combat Infantryman Badge.

5.  Based on the foregoing there is insufficient evidence upon which to
base award of the Combat Infantryman Badge in this case.

6.  The applicant was assigned to a unit during a period of time that unit
was awarded the Republic of Vietnam Gallantry Cross with Palm Unit
Citation. Therefore, he is entitled to correction of his DD Form 214 to
show this foreign unit award.


7.  General Orders show the applicant is entitled to award of the Republic
of Vietnam Civil Actions Honor Medal, First Class Unit Citation.  This
award was omitted from his DD Form 214.  Therefore, the applicant is
entitled to correction of his DD Form 214 to add this foreign unit award.

8.  Records show that the applicant participated in five campaigns during
his service in Vietnam.  Therefore is eligible for award of one silver
service star to be affixed to his Vietnam Service Medal.

9.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 5 December 1969; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 4 December 1972.  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.

10.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

_JTM____  _RML____  _JCR___  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 to show award of
the Combat Infantryman Badge.


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 to show award of the Republic of Vietnam Gallantry Cross with
Palm Unit Citation; the Republic of Vietnam Civil Actions Honor Medal,
First Class; and one silver service star to be affixed to the Vietnam
Service Medal.





                  _John T. Meixell______
                    CHAIRPERSON






                                    INDEX

|CASE ID                 |AR20050008011                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060126                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1969/12/05                              |
|DISCHARGE AUTHORITY     |AR 635-200                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY/with other awards                  |
|REVIEW AUTHORITY        |Director                                |
|ISSUES         1.       |A                                       |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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