IN THE CASE OF:	

		BOARD DATE:	  12 November 2008

		DOCKET NUMBER:  AR20080011885 


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, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), dated 30 April 1971, to show award of the Army Commendation Medal.  He also requests that he be awarded the Cold War Recognition Certificate and the new Combat Action Badge.  

2.  The applicant states, in effect, that the Army Commendation Medal is not listed on either of his DD Forms 214. 

3.  The applicant provides a copy of his award citation, award certificate and orders awarding him the Army Commendation Medal, and a copy of his DD Form 214, dated 30 April 1971, in support of his request. 

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 military records show he enlisted in the Regular Army on 3 February 1969.  He was trained as a Pioneer, in military occupational specialty (MOS) 12A.  He was promoted to PFC/E-3 on 25 August 1969.  He served until he was honorably discharged on 2 October 1969 for immediate reenlistment.   

3.  The applicant’s DD Form 214, dated 2 October 1969, shows he was awarded the National Defense Service Medal, the Parachutist Badge, the Vietnam Service Medal, and the Republic of Vietnam Campaign Medal.  His DD Form 214 does not show any additional awards.

4.  The applicant reenlisted on 3 October 1969.  He continued to serve until he was separated by reason of physical disability on 30 April 1971.  He was placed on the Retired List effective 1 May 1971. 

5.  The applicant’s DD Form 214, dated 30 April 1971, shows he was awarded the Vietnam Service Medal, the Republic of Vietnam Campaign Medal, one Overseas Service Bar, and the Purple Heart.  His DD Form 214 does not show any additional awards.

6.  The applicant provided a copy of an award certificate, citation, and Headquarters, 173rd Airborne Brigade General Order Number 1881, dated 20 July 1970, which show he was awarded the Army Commendation Medal for meritorious service in the Republic of Vietnam during the period August 1969 to July 1970.  

7.  The applicant’s records contain a copy of a DD Form 215, dated 29 July 2008, which shows he was awarded the Army Commendation Medal and that it was added to his DD Form 214, dated 30 April 1971.  Since this action has been completed, it will not be mentioned further in this Record of Proceedings. 

8.  The applicant has requested award of the Cold War Recognition Certificate.  The award of the Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document.  In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the armed forces and qualified federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991.  The applicant may submit a request in writing to Commander, Army Human Resource Command, Cold War Recognition, Hoffman II, Attn: AHRC-CWRS, 3N45, 200 Stovall Street, Alexandria, VA 22332-0473.  Based on this information, the applicant’s request for the Cold War Recognition Certificate will not be discussed any further in this Record of Proceedings.

9.  On 2 May 2005, the Chief of Staff of the Army approved creation of the Combat Action Badge to provide special recognition to Soldiers who personally engage or are engaged by the enemy.  The Combat Action Badge may be awarded by any commander delegated authority by the Secretary of the Army during wartime or the Commanding General, US Army Human Resources Command, and will be announced in permanent orders.

10.  Requirements for award of the Combat Action Badge are Branch and MOS (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.  However, it is not intended to be awarded all Soldiers who serve in a combat zone or imminent danger area.  Any Soldier may be awarded the Combat Action Badge but they must meet specific eligibility requirements as follow:  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; but 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.  The Combat Action Badge may be awarded to members from the other U.S. Armed Forces and foreign Soldiers assigned to a U.S. Army unit, provided they meet the above criteria.

11.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  Award for qualifying service in any previous conflict is also not authorized.

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the Combat Action Badge was not established until 2 May 2005, after the applicant's release from active duty.  The earliest date the Combat Action Badge can be awarded is 18 September 2001.  Retroactive award of the Combat Action Badge is not authorized prior to 18 September 2001 and service in any previous conflict is also not authorized.  There is no evidence the applicant has served on active duty subsequent to 18 September 2001 and met the criteria for its award to him.  He is therefore not entitled to this badge and to have it added to his DD Form 214.
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)                                         AR20080011885



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ABCMR Record of Proceedings (cont)                                         AR20080011885



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