IN THE CASE OF:	  

		BOARD DATE:	    21 April 2011

		DOCKET NUMBER:  AR20100025481 


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 that he be awarded an unspecified "Combat Ribbon" for his service in Vietnam.

2.  The applicant states, in effect, he should be afforded recognition for the actual duties he performed in Vietnam, which were consistent with an infantryman's duties.  He believes Vietnam veterans should receive the same type of credit as current Soldiers are receiving. 

3.  The applicant provides copies of his DD Form 214 (Report of Transfer or Discharge) and his DA Form 20 (Enlisted Qualification Record).

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 served on active duty from 30 August 1966 through 29 August 1968.

3.  His DA Form 20 provides the following information:

	a.  he was awarded military occupational specialties (MOS) 36K (Wireman) and MOS 72C (Telephone Switchboard Specialist);

	b.  he was assigned to Vietnam on 5 March 1967 and he served with Company C, 9th Signal Battalion, 9th Infantry Division from 12 March 1967 through 27 February 1968.  He performed the principal duties of MOS 36K and MOS 72C; and

   c.  his authorized awards are shown as the National Defense Service Medal, Vietnam Service Medal, Good Conduct Medal, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  His DD Form 214 provides the following information:

	a.  at the time of discharge he held MOS 72C; and 

	b.  his awards are shown as the National Defense Service Medal, Good Conduct Medal, Expert Marksmanship Qualification Badge with Rifle Bar, Vietnam Service Medal with two bronze service stars, and the Republic of Vietnam Campaign Medal with Device (1960).

5.  The available record contains no additional information on the applicant's service in Vietnam and contains no documentation showing assignment to an infantry unit.

6.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  Additionally, Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H; and 



	b.  The Army Chief of Staff approved the creation of the Combat Action Badge on 2 May 2005.  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 was 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:

1.  The applicant states he should be afforded recognition for the actual duties he performed in Vietnam, which were consistent with those duties of an infantryman. He believes Vietnam veterans should receive the same type of credit as current Soldiers are receiving.

2.  Although the applicant does not specifically name the desired "Combat Ribbon," he describes a combination of two awards, the Combat Infantryman Badge and the Combat Action Badge. 

3.  All Soldiers are provided basic combat skills training after they enter the Army. This is provided to ensure that all Soldiers have the survival skills to perform basic infantry missions when the need arises.  The exigencies of combat may require non-infantry Soldiers to perform the basic infantry duties that all Soldiers are taught. 

4.  At the time the applicant was on active duty, the only award that would meet the description of the award the applicant is requesting is the Combat Infantryman Badge.  This award requires a Soldier to have held an official infantry MOS and served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.  The available evidence does not show he met the requirements for this award.

5.  The Combat Action Badge also closely resembles the award the applicant describes.  However, it is authorized to recognize noninfantry Soldiers who served in combat.  It was not created until 2005 and it is not authorized for service prior to 18 September 2001.  It is not awarded retroactively.

6.  Therefore, based on the above facts and finding, no relief can be afforded the applicant at this time.

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)                                         AR20100025481



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ABCMR Record of Proceedings (cont)                                         AR20100025481



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