IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100017226
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 states:
* he wants to be considered for the Combat Action Badge for his service in Vietnam
* he believes he met all the criteria and is eligible for this badge
* he was told this badge is awarded to Soldiers without an infantry military occupational specialty (MOS) or unit
* he served in a unit that came under enemy attack
* he understands the Army has been awarding this badge to past and present Soldiers for their service in past and present wars since 2001
* he has been rated 100-percent disabled by the Department of Veterans Affairs (VA) and Social Security Administration due to mental issues and exposure to Agent Orange
3. The applicant provides:
* DD Forms 214 (Armed Forces of the United States Report of Transfer or Discharge) for the periods ending 17 November 1968 and 5 January 1973
* DD Form 215 (Correction to DD Form 214), dated 24 May 1982
* documentation pertaining to his orders for Vietnam
* VA documentation
* letter from the Social Security Administration, dated 26 November 2008,
* letter from his physician, dated 4 August 2005
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 enlisted in the Regular Army (RA) on 15 April 1966 for a period of 3 years. His DA Form 20 (Enlisted Qualification Record) shows he served as a cryptography specialist in Vietnam from 12 November 1967 to 16 November 1968. On 17 November 1968, he was honorably discharged.
3. He again enlisted in the RA on 5 November 1969 for a period of 3 years. He served in Vietnam from 5 August 1970 to 3 August 1971. On 5 January 1973, he was honorably discharged.
4. 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. 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:
Since retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001, there is no basis for granting the applicant's request for this 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) AR20100017226
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017226
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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