RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      16 March 2006
      DOCKET NUMBER:  AR20050008688


      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:

|     |Mr. James B. Gunlicks             |     |Chairperson          |
|     |Ms. Susan A. Powers               |     |Member               |
|     |Mr. Richard G. Sayre              |     |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 he be awarded the Combat
Infantryman Badge.

2.  The applicant states, in effect, that he was assigned to Headquarters
and Headquarters Company, 1st Battalion, 18th Infantry, 1st Infantry
Division, and he was not aware that he might be entitled to award of the
Combat Infantryman Badge.

3.  The applicant submits a copy of his DD Form 214, Armed Forces of the
United States, Report of Transfer or Discharge, a copy of a citation and an
awards certificate for the Bronze Star Medal, in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or
injustice, which occurred on 16 October 1969.  The application submitted in
this case is dated 31 May 2005, but was received for processing on 13 June
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’s military records show he was inducted into the Army
of the United States on 13 March 1968.  He completed his basic combat and
advanced individual training at Fort Dix, New Jersey.  After completing
all required training, he was awarded the military occupational specialty
(MOS), 05C (Radio Operator).

4.  The applicant served in Vietnam from 7 September 1968 through 14
October 1969, with Headquarters and Headquarters Company, 1st Battalion,
18th Infantry Regiment, 1st Infantry Division.  While assigned to this
unit, the applicant held and performed the duties related to the MOS, 05B.
5.  The applicant was honorably released from active duty, on 16 October
1969, under the provisions of Army Regulation (AR) 635-200, Chapter 5,
Early Release of Overseas Returnee.  He was separated in the rank and pay
grade of Specialist Four, E-4.  On the date he was released from active
duty, he had completed 1 year, 7 months, and 4 days active military
service.

6.  Item 24 (Decorations, Medals, Badges, Commendations, Citations and
Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214,
shows he was awarded the following awards:  the National Defense Service
Medal, the Vietnam Service Medal, and the Republic of Vietnam Campaign
Medal.  No other awards are shown on the DD Form 214.

7.  The applicant was awarded the Bronze Star Medal, for meritorious
service in connection with military operations against a hostile force,
for the period September 1968 through October 1969, by General Orders
Number 10710, published by Headquarters, 1st Infantry Division, on 16
September 1969.  The Bronze Star Medal was added to the applicant's DD
Form 214 through preparation and distribution of a DD Form 215 on 19
October 1979.

8.  There is no entry in Item 41 (Awards and Decorations) of the
applicant's DA Form 20, Enlisted Qualification Record, to show that he was
awarded the Combat Infantryman Badge.  There are no orders in the
applicant's military personnel records awarding him the Combat Infantryman
Badge.

9.  Item 38 (Record of Assignments), of the applicant's DA Form 20, shows
that the applicant consistently received "excellent" conduct and efficiency
ratings.  There is no evidence of any breach of good order or discipline in
his service personnel record that would preclude award of the Good Conduct
Medal.

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

11.  While in Vietnam, the applicant participated in the following four
campaigns of the Vietnam War:  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.
12.  Department of the Army (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 that the
unit the applicant was assigned to was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 12 July 1965
through 16 October 1968, by Department of the Army General Order (DAGO)
Number 21, dated 1969; and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation, for the period 12 July 1965 through 7
April 1970, by DAGO 53, dated 1970.

13.  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.

14.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar [M-14 Rifle] in Special Orders Number 127, Paragraph
86, published by Headquarters, US Army Training Center, Infantry, Fort Dix,
New Jersey, on 6 May 1968.

15.  AR 600-8-22 provides, in pertinent part, that the Combat Infantryman
Badge is awarded to infantry officers and to enlisted and warrant officer
personnel 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 Total Army Personnel
Command [now the Human Resources 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.

16.  Additional guidance for award of the Combat Infantryman Badge is
provided, in pertinent part, in Appendix V, U.S. Army Vietnam (USARV)
Regulation 672-1.  The basic criterion for award of the Combat
Infantryman Badge was contained in AR 672-5-1 that was in effect during
the Vietnam War Era.  The USARV regulation spelled out exceptions to
paragraph 96, AR 672-5-1 that were made in Department of the Army
unclassified message 49117, dated 19 October 1967.  In this message the
USARV regulation expanded the pool of those Soldiers eligible for award
of the Combat Infantryman Badge and included those Soldiers holding the
MOS 05B; however, meeting the additional specific criteria was a
requirement for its award.  The criterion for award of the Combat
Infantryman Badge is stated as follows in paragraph 3.b. "(15)
Radio/Telephone Operator (if the primary duty is to accompany infantry or
infantry-type units on tactical operations)" on page 3 of appendix 3 to
Annex A, USARV Regulation 672-1.

17.  AR 672-5-1, in effect at the time of the applicant's separation
provides that the Good Conduct Medal is awarded to individuals who
distinguish themselves by their conduct, efficiency and fidelity during a
qualifying 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.  Although there is no
automatic entitlement to the Good Conduct Medal, disqualification must be
justified.  To be eligible for award of the Good Conduct Medal, Soldiers
must meet all of the following criteria:  all conduct (character) and
efficiency ratings must be recorded as "Excellent" except that ratings of
"Unknown" for portions of the period under consideration are not
disqualifying.  Service school efficiency ratings based upon academic
proficiency of at least "Good" rendered subsequent to 22 November 1955 are
not disqualifying.

18.  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 thirty consecutive days of the period cited.

19.  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 evidence shows the applicant was assigned to an infantry unit,
Headquarters and Headquarters Company, 1st Battalion, 18th Infantry
Regiment, 1st Infantry Division.

2.  The evidence also shows the applicant held and performed duties in the
MOS 05B while he was assigned to this unit in Vietnam.
3.  Despite the above evidence, there is no conclusive evidence his
primary duty was to accompany infantry Soldiers on tactical operations
and that he served in active ground combat while assigned to his infantry
unit.  The applicant is therefore not entitled to award of the Combat
Infantryman Badge and to have it added to his DD Form 214.

4.  The applicant had "excellent" conduct and efficiency ratings throughout
his time in the Army.  There is no evidence of indiscipline while he served
on active duty.  The applicant was not awarded the Good Conduct Medal, it
appears, more as a result of administrative oversight rather than something
that the applicant did to disqualify himself from this award.  He is
therefore eligible for award of the Good Conduct Medal for the period 13
March 1968 through 16 October 1969.

5.  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 to denote his
campaign participation credit and to have these bronze service stars shown
on his DD Form 214.

6.  The applicant served in a unit, which was awarded 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.  These unit awards are not shown on his DD Form 214.
He is entitled to these unit awards and to have them added to his DD Form
214.

7.  The applicant was awarded the Sharpshooter Marksmanship Qualification
Badge with Rifle Bar.  This marksmanship qualification badge is not shown
on the applicant's DD Form 214.  He is entitled to have it shown on his DD
Form 214.

8.  The applicant served in Vietnam from 7 September 1968 through 14
October 1969.  He is entitled to award of two overseas service bars and to
have these bars shown on his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_RGS___  __SAP__  _JBG  ___  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:

      a.  awarding the applicant the Good Conduct Medal for the period 13
March 1968 through 16 October 1969 and adding this award to his DD form
214;

      b.  awarding the applicant four bronze service stars to be affixed
to his already-awarded Vietnam Service Medal and adding these bronze
service stars to his DD Form 214;

      c.  awarding the applicant 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;

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

      e.  adding the already-awarded Sharpshooter Marksmanship
Qualification Badge, with Rifle Bar, to his DD Form 214.


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
award of the Combat Infantryman Badge to the applicant.




                            ____James B. Gunlicks___
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20050008688                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060316                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |PARTIAL GRANT                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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