MEMORANDUM OF CONSIDERATION

	IN THE CASE OF:   

	BOARD DATE:           7 February 2002    
	DOCKET NUMBER:   AR2001065046

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Ms. Wanda L. Waller		Analyst	

  The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Margaret K. Patterson		Member	
	Mr. Lester Echols		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                records
	Exhibit B - Military Personnel Records (including
	            advisory opinion, if any)

APPLICANT REQUESTS:  Award of the Combat Action Ribbon.

APPLICANT STATES:  In effect, that this award was omitted from his discharge document.  In support of his application, he submits a copy of his DD Form 214 (Report of Transfer or Discharge).

EVIDENCE OF RECORD:  The applicant's military records show:

The applicant enlisted on 24 September 1970 for a period of 3 years.  He served as a motor transport operator in Vietnam from 11 March 1972 through 2 June 1972 and was honorably released on 28 September 1973.

The applicant’s DD Form 214, which was authenticated in his own hand, does not show the Combat Action Ribbon as an authorized award.

There are no orders in the applicant’s service personnel records which show he was awarded the Combat Action Ribbon.  There is also no evidence available to the Board which shows he served in the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.  

There is no evidence in the available records which shows the applicant was awarded the Combat Infantryman Badge.

Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969.  It is awarded to members of the U.S. Navy, the U.S. Marine Corps and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961 and ending with Operation Desert Storm in 1991).  The regulation also states that an individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon instead. 

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board considered the applicant’s contention that the Combat Action Ribbon was omitted from his discharge document.  However, there is no evidence of record, and the applicant has provided no evidence, which shows that he met the qualifications for award of the Combat Action Ribbon.  Therefore, there is no evidence on which to base award of the Combat Action Ribbon in this case.  

2.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

3.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

FNE____  MKP_____  LE_____  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
    of Military Records

INDEX

CASE ID	AR2001065046	
SUFFIX		
RECON		
DATE BOARDED	20020207	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	(DENY)	
REVIEW AUTHORITY		
ISSUES         1.	107.0000	
2.		
3.		
4.		
5.		
6.