IN THE CASE OF:	  

		BOARD DATE:	  23 September 2008

		DOCKET NUMBER:  AR20080009192 


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, in effect, award of the Combat Action Ribbon (CAR). 

2.  The applicant states, in effect, that he believes he is eligible for the CAR based on his service with the 561st Transportation Command and his participation in heavy combat while serving in the Republic of Vietnam (RVN). 

3.  The applicant provides no additional documentary evidence in support of his 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 enlisted in the Regular Army and entered active duty on 8 September 1965, and was initially trained in and awarded military occupational specialty (MOS) 64A (Light Vehicle Driver), and later awarded MOSs 57H (Cargo Handler) and 71N (Movements Specialist).

3.  The applicant's Enlisted Qualification Record (DA Form 20) shows he served in the RVN from 3 October 1966 through 13 June 1967.  Item 38 (Record of Assignments) shows that during his RVN tour, he was assigned to the 561st Transportation Company, performing duties in MOSs 56A (Longshoreman), from 3 October through 12 December 1966; and to the 567th Transportation Company, performing duties in MOSs 56A as a longshoreman, 56E and 57H as a wench operator, and 62F as a crane shovel operator.  

4.  Item 41 (Awards and Decorations) of the applicant's DA Form 20 shows he earned the National Defense Service Medal (NDSM), Vietnam Service Medal (VSM), RVN Campaign Medal with Device 60, 1 Overseas Service Bar, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.  There is no combat badge included in Item 41 and Item 48 (Date of Audit) shows the applicant last audited this record on 3 June 1968.  His record is also void of any orders or other documents that indicate he was ever recommended for or awarded a combat skill badge during his active duty tenure.  

5.  On 7 June 1968, the applicant was honorably released from active duty (REFRAD).  The separation document (DD Form 214) he was issued at the time confirms he completed a total of 2 years and 9 months of active military service, and that he held the rank of specialist five (SP5) at the time of his REFRAD.  It also shows that during his active duty tenure, he earned the NDSM, VSM, RVN Campaign Medal, Sharpshooter Marksmanship Qualification Badge with Rifle Bar, and 1 Overseas Service Bar.  There is no combat skill badge included in the list of awards contained on the DD Form 214, and the applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.  

6.  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.  There are no provisions for awarding the CAR to members of the Army. 

7.  Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy.  Section II, Chapter 8 contains guidance on combat skill badges and includes the Combat Infantryman Badge (CIB) and Combat Action Badge (CAB). 
8.  Paragraph 8-6 of the awards regulation contains guidance on award of the CIB and states, in pertinent part, that in order to qualify for the CIB, a member must hold and serve in an infantry MOS, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  Combat service alone is not a basis to support award of the CIB.  The Awards Branch of the U.S. Army Human Resources Command (formerly known as the Total Army Personnel Command) has advised, in similar cases, that during the Vietnam era the CIB was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11F, 11G, or 11H.  

9.  Paragraph 8-8 of the awards regulation contains guidance on the Combat Action Badge (CAB).  It states that on 2 May 2005, the Chief of Staff, Army, approved the creation of the CAB to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy.  Award of the CAB is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should be awarded the CAR was carefully considered.  However, the CAR is authorized to be awarded only to members of the United States Navy, Marine Corps, and Coast Guard, there are no provisions allowing for award of the CAR to Army personnel.  

2.  Further, the CIB is only authorized to be awarded to infantry Soldiers, and the CAB is not authorized to be awarded for conflicts prior to 18 September 2001.  As a result, there is an insufficient evidentiary basis to support award of any of these combat skill badges to the applicant based on his combat service in the RVN.  

3.  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.  


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)                                         AR20080009192



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ABCMR Record of Proceedings (cont)                                         AR20080009192



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