RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:      22 February 2006
      DOCKET NUMBER:  AR20050008849


      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. John T. Meixell               |     |Chairperson          |
|     |Ms. LaVerne Douglas               |     |Member               |
|     |Mr. Donald L. Lewy                |     |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 and that it 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 he was put in for award of the
Combat Infantryman Badge; but he left country and he doesn't know if he got
it or not.  He didn't know he needed it or not, but now, he knows he needs
it.  While he served in Vietnam, he was in Song Be and they were getting
hit at least two times a night and day and they were almost overrun a
couple of times.  He adds that he was assigned to the 5th Special Forces,
in communication support.  He needs this badge shown on his DD Form 214 to
qualify for benefits.

3.  The applicant submits two addendums to his application to the Board,
but no other documentary evidence in support of his application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 4 April 1968, the date he was released from active duty.  The
application submitted in this case is dated 31 May 2005 and was received on
15 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 that he was inducted into the
Army of the United States on 27 June 1966.  He completed basic combat
training at Fort Jackson, South Carolina, and his advanced individual
training at Fort Gordon, Georgia.  After completing all required training,
he was awarded the military occupational specialty (MOS), 36A (Wireman).
The applicant was later reclassified and held the MOS 36C (Wire Systems
Installer), and 31M (Radio Relay and Carrier Operator).
4.  The applicant served in Vietnam from 11 April 1967 through 1 April
1968, with Company B, 53rd Signal Battalion.  The applicant held and
performed the duties of wireman, light vehicle driver, and senior radio
terminal operator.

5.  The applicant was honorably released from active duty, on 4 April
1968, 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, 9 months, and 6 days active military
service, with one day lost time.

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 National Defense Service Medal, the Vietnam
Service Medal, the Republic of Vietnam Campaign Medal, the Meritorious Unit
Commendation, and the Marksman Marksmanship Qualification Badge, with Rifle
Bar (M-14 Rifle).  The Combat Infantryman Badge is not shown on the
applicant's DD Form 214.

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

8.  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.

9.  While in Vietnam, the applicant participated in the following three
campaigns:  the Vietnam Counteroffensive, Phase II, which extended from 1
July 1966 through 31 May 1967; the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; and the Tet
Counteroffensive, which extended from 30 January through 1 April 1968.

10.  The applicant's unit, a subordinate unit of the US Army, Vietnam,
(USARV) was awarded the Republic of Vietnam Gallantry Cross, with Palm,
Unit Citation, for the period 20 July 1965 through 28 March 1973.  This
unit award was announced in Department of the Army General Orders Number
8, dated 1974.

11.  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.

12.  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.

13.  U.S. Army Vietnam Regulation Number 672-1 (Awards and Decorations)
specifically governed award of the Combat Infantryman Badge to Army forces
operating in South Vietnam.  This regulation specifically stated that
criteria for award of the Combat Infantryman Badge identified the man who
trained, lived, and fought as an infantryman and the Combat Infantryman
Badge is the unique award established to recognize the infantryman and only
the infantryman for his service.  Further, “the Combat Infantryman Badge is
not an award for being shot at or for undergoing the hazards of day to day
combat.”  This regulation also stated the Combat Infantryman Badge was
authorized for award to infantry officers and to enlisted and warrant
officer persons who have an infantry military occupational specialty (MOS)
and required that they must have served in active ground combat while
assigned or attached to an infantry unit of brigade, regimental or smaller
size.

14.  All soldiers are provided basic combat skills training after they
enter the Army.  This is provided to ensure that all soldiers have the
survival skills to perform basic infantry missions when the need arises.

15.  No other soldier in combat is more exposed on a daily basis to the
dangers and hardships of war and no other branch of the service suffers
more casualties than the infantry.  To maintain the prestige, uniqueness,
and traditional value of the Combat Infantryman Badge, the criteria for
award has changed little over the years.

16.  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.

17.  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.  There is no evidence the applicant held and served in an infantry MOS
while he served in Vietnam.  The applicant's records show he held and
performed the duties in the MOS 36A, in MOS 36C and in MOS 31M.  In these
MOS, he performed the duties of wireman, light truck driver, and senior
radio terminal operator.

2.  The record shows the applicant completed basic combat training after he
entered the Army.  This was provided to ensure that he had the survival
skills to perform basic infantry missions when the need arose.

3.  The exigencies of combat require non-infantry soldiers to temporarily
perform the basic infantry duties that all Soldiers are taught but it is
not a basis for the award of the Combat Infantryman Badge.  Therefore,
based on the available evidence, the applicant is not eligible for award of
the Combat Infantryman Badge and to have it added to his DD Form 214.

4.  The evidence shows the applicant served in Vietnam for the period from
11 April 1967 through 1 April 1968.  While in Vietnam, he participated in
three campaigns of the Vietnam War.  He is therefore entitled to award of
three bronze service stars, to be affixed to his already awarded Vietnam
Service Medal, to denote his campaign participation.

5.  The applicant served in Vietnam from April 1967 to April 1968.  He is
therefore entitled to award of two overseas service bars and to have these
awards 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, while he was a member of
the unit.  This unit award is not shown on his DD Form 214.  He is entitled
to this unit award and to have it added to his DD Form 214.

7.  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.

8.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 4 April 1968; therefore, the time for
the applicant to file a request for correction of any error or injustice
expired on 3 April 1971.  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.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__LMD___  _J______  __DLL __  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 three bronze service stars, to be affixed
to his already awarded Vietnam Service Medal, to denote his campaign
participation credit, and adding these bronze service stars to his DD Form
214;

      b.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citation, and adding this unit award to his DD Form 214;
and

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




                                  __    John T. Meixell_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050008849                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060222                                |
|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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