RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 February 2006
      DOCKET NUMBER:  AR20050009664


      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 understood he was awarded the
Combat Infantryman Badge while he served in Vietnam.  He would like to have
this badge shown on his DD Form 214.

3.  The applicant submits no documentary evidence in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged injustice, which
occurred on 26 July 1968, the date he was released from active duty.  The
application submitted in this case is dated 10 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 4 October 1966.  He completed basic combat
training at Fort Knox, Kentucky, and his advanced individual training at
Fort Campbell, Kentucky.  After completing all required training, he was
awarded the military occupational specialty (MOS), 64A (Light Vehicle
Driver).

4.  The applicant served in Vietnam from 10 December 1967 through 26 May
1968, with Headquarters and Headquarters Troop, 2nd Squadron, 17th Cavalry
Regiment, 101st Airborne Division.

5.  The applicant was honorably released from active duty, on 26 July 1968,
under the provisions of Army Regulation (AR) 635-200, Chapter 5, for the
convenience of the Government.  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 23 days active military service, with
no 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 following awards:  the Purple Heart, the National
Defense Service Medal, the Vietnam Service Medal, the Republic of Vietnam
Campaign Medal, 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.  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.

9.  The applicant's served in Vietnam for the period 10 December 1967
through 26 May 1968.

10.  The applicant held and performed the duties related to the MOS, 64A.
While in Vietnam, he performed the duties of light vehicle driver and light
truck driver.

11.  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.

12.  While in Vietnam, the applicant participated in the following three
campaigns of the Vietnam War:  the Vietnam Counteroffensive, Phase III,
which extended from 1 June 1967 through 29 January 1968; the Tet
Counteroffensive, which extended from 30 January through 1 April 1968;
and the Vietnam Counteroffensive, Phase IV, which extended from 2 April
through 30 June 1968.

13.  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, Headquarters and Headquarters Troop, 2nd
Squadron, 17th Cavalry Regiment, was awarded the Republic of Vietnam
Gallantry Cross, with Palm, Unit Citation, for the period 19 April 1968
through 15 August 1968, by Department of the Army General Order (DAGO)
Number 21, dated 1969.  This unit citation is not shown on the applicant's
DD Form 214.
14.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar [M-16 Rifle], in Special Orders Number 60,
Paragraph 34, published by Headquarters, 101st Airborne Division, Fort
Campbell, Kentucky, on 24 April 1967.  This marksmanship qualification
badge is not shown on the applicant's DD Form 214.

15.  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.

16.  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.

17.  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.

18.  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.

19.  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.

20.  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.

21.  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.

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 duties in the MOS 64A.  In this MOS, he performed the duties of
light vehicle driver and light truck driver.

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 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 recommended for award of the Good
Conduct Medal while he was undergoing installation clearance procedures for
his departure from Vietnam.  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 4
October 1966 through 26 July 1968.

5.  While in Vietnam, the applicant participated in the 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.

6.  The evidence shows the applicant served in Vietnam from December 1967
to May 1968.  He is therefore entitled to award of one overseas service bar
and to have it added to his DD Form 214.

7.  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.

8.  The applicant was awarded the Expert Marksmanship Qualification Badge,
with Automatic Rifle Bar.  This marksmanship qualification badge is not
shown on the applicant's DD Form 214.  He is entitled to have this
qualification badge added to his DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

__LMD__  __J  ____  __DLL___  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
4 October 1966 through 26 July 1968, and adding this award to his DD Form
214;

      b.  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;

      c.  awarding the applicant the Republic of Vietnam Gallantry Cross,
with Palm, Unit Citations, and the Republic of Vietnam Civil Actions Honor
Medal, First Class, Unit Citation; and adding these unit awards to his DD
Form 214; and

      d.  adding the already awarded Expert Marksmanship Qualification
Badge, with Automatic Rifle Bar, to the applicant's 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 and its addition to
his DD Form 214.




                            _____John T. Meixell_______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20050009664                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060222                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000                                |
|2.   157                |107.0111                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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