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ARMY | BCMR | CY2007 | 20070000619C071029
Original file (20070000619C071029.doc) Auto-classification: Denied



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        12 July 2007
      DOCKET NUMBER:  AR20070000619


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mrs. Nancy L. Amos                |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Jose A. Martinez              |     |Member               |
|     |Mr. William F. Crain              |     |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 award of the “Combat Service Commendation Medal”
(i.e., the Combat Action Badge).

2.  The applicant states he served two tours of duty in Vietnam.  During
his tour of service, you were not awarded a combat badge unless you were an
infantryman or a medic.  He was in a combat zone and was directly involved
in combat, but no combat award was available to him.  Now, since his
honorable service in Vietnam, the Combat Action Badge is available to
Soldiers who served in overseas combat theaters and combat operations.

3.  The applicant provides no additional evidence.

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 2 May 1969.  He completed
basic combat training and advanced individual training and was awarded
military occupational specialty (MOS) 63B (Wheel Vehicle Mechanic).

2.  The applicant was assigned to Company A, 84th Engineer Battalion,
Vietnam, from on or about 7 December 1969 through 19 November 1970.  He was
assigned to the 23d Adjutant General Replacement Detachment, Vietnam, from
11 May 1971 through 19 May 1971 and to Headquarters and Company A, 723d
Maintenance Battalion, Vietnam, from 20 May 1971 through 11 March 1972.

3.  The applicant was released from active duty on 13 April 1972.

4.  On 2 May 2005, the Chief of Staff of the Army approved the creation of
the Combat Action Badge to provide special recognition to Soldiers who
personally engaged, or are engaged by, the enemy.

5.  Army Regulation 600-8-22 (Military Awards) states the requirements for
award of the Combat Action Badge are branch and MOS 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.  However, it is not
intended to award the Combat Action Badge to all Soldiers who serve in a
combat zone or imminent danger area.  The Soldier must be performing
assigned duties in an area where hostile fire pay or imminent danger pay is
authorized.  The Soldier must be personally present and actively engaging
or being engaged by the enemy, and performing satisfactorily in accordance
with the prescribed rules of engagement.  The Soldier must [not] be
assigned or attached to a unit that would qualify the Soldier for the
Combat Infantryman Badge or the Combat Medical Badge.

6.  Army Regulation 600-8-22 also states that 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:

The applicant is requesting award of the Combat Action Badge for his
service during his two tours in Vietnam from December 1969 through March
1972.  The rules for award of the Combat Action Badge specifically state
that retroactive award of this badge is not authorized prior to 18
September 2001.  Regrettably, 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

__jea___  __jam___  __wfc___  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.




                                  __James E. Anderholm__
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000619                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20070712                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.       |107.0143                                |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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