IN THE CASE OF:	  

		BOARD DATE:	    6 May 2010

		DOCKET NUMBER:  AR20090015882 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Combat Action Ribbon (CAR).

2.  The applicant states that the Department of Veterans Affairs does not believe that he was engaged in combat or served in a combat zone while he was assigned to the Republic of Vietnam (RVN) from 1967 to 1968.  He also states his CAR was never awarded and he wants his record corrected to show this award.

3.  The applicant provides no additional documents in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant's failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant's failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's record shows he was inducted into the Army of the United States on 14 June 1967.  He completed basic combat training and advanced individual training and was awarded military occupational specialty 13A (Field Artillery Basic).

3.  Item 22c (Foreign and/or Sea Service) of the applicant's DA Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he served in the RVN for a total of 10 months and 2 days.

4.  Item 31 (Foreign Service) of the applicant's DA Form 20 (Enlisted Qualification Record) shows he served in the RVN from 28 November 1967 to 29 September 1968.  He was assigned to the 1st Battalion, 84th Artillery Regiment.

5.  On 13 June 1969, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training).  The DD Form 214 he was issued at the time confirms he completed a total of 2 years of active military service and reflects award of the Vietnam Service Medal.  This DD Form 214 does not show award of the Combat Infantryman Badge.

6.  Department of Defense Instruction 1348.33 (Military Awards Program) shows that the Combat Action Ribbon was awarded by the Secretary of the Navy on 17 February 1969 to members operating under the control of the Navy and who actively participated in ground or surface combat.  Individuals who earned the Combat Infantryman Badge in the Army may be authorized to wear the CAR as a member of the U.S. Navy, U.S. Marine Corps, or U.S. Coast Guard.  The CAR is authorized beginning with Southeast Asia service from 1 March 1961 and ending with Operation Desert Storm service in 1991.
 
DISCUSSION AND CONCLUSIONS:

1.  The applicant's DD Form 214 shows he served in the U.S. Army.  He also served in the RVN for a total of 10 months and 2 days.

2.  However, the governing regulation stipulates that the CAR is authorized for personnel who earned the Army Combat Infantryman Badge and are members of the U.S. Navy, U.S. Marine Corps, or U.S. Coast Guard.  There is no evidence nor did he submit any evidence that shows he was awarded the Army Combat Infantryman Badge (and, as a field artilleryman, he was not authorized this badge) or was assigned to the U.S. Navy, U.S. Marine Corps, or U.S. Coast Guard.  Therefore, he is not entitled to have his records corrected to show award of the Combat Action Ribbon.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___X____  ___X___  ___X____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.



      _________X___________
               CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20090015882



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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