IN THE CASE OF:	  

		BOARD DATE:	    25 January 2011

		DOCKET NUMBER:  AR20100020069 


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 Badge.

2.  The applicant provides no statement in support of his request.

3.  The applicant provides no additional documentary evidence.

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 was inducted into the Army of the United States on 30 November 1965.  He completed training and was awarded military occupational specialty 94B (Cook).  The highest rank/pay grade he attained while serving on active duty was specialist four/E-4.

3.  He served in the Republic of Vietnam from 8 September 1966 to 4 September 1967 with Headquarters and Headquarters Troop, 1st Squadron, 10th Cavalry Regiment, 4th Infantry Division.

4.  The applicant was honorably released from active duty on 4 September 1967 and transferred to the U.S. Army Reserve Control Group to complete the remainder of his service obligation.  His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 9 months, and 5 days of net active service during this period including 11 months and 27 days of foreign service.

5.  Item 24 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:

* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam Campaign Medal with Device (1960)

6.  Army Regulation 600-8-22 (Military Awards) states the requirements for award of the Combat Action Badge are branch and military occupational specialty immaterial.  Assignment to a combat arms unit or a unit organized to conduct close or offensive combat operations or performing offensive combat operations is not required to qualify for the Combat Action Badge.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

DISCUSSION AND CONCLUSIONS:

Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Award for qualifying service in any previous conflict is not authorized.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  The applicant served on active duty from 30 November 1965 to 4 September 1967.  Therefore, he does not meet the eligibility criteria for award of the Combat Action Badge.


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 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)                                         AR20100011589



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ABCMR Record of Proceedings (cont)                                         AR20100020069



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