IN THE CASE OF:
BOARD DATE: 29 September 2011
DOCKET NUMBER: AR20110003453
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 Ribbon.
2. The applicant states he was a combat medic in Republic of Vietnam (RVN). He was involved in combat several times. He adds he never knew of the existence of the Combat Action Ribbon.
3. The applicant provides:
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge)
* Department of Veterans Affairs Rating Decision
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 applicants 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 applicants 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 records show he was inducted into the Army of the United States on 4 April 1966. Upon completion of all required military training, he was awarded military occupational specialty (MOS) 91B (Medical Specialist).
3. On or about 14 January 1967, the applicant was transferred to the RVN where he was assigned to Headquarters and Headquarters Battery, 1st Battalion, 84th Artillery Regiment, 9th Infantry Division, for duty as a medical specialist. He served his entire Vietnam tour with this unit; he returned to the United States on or about 10 January 1968.
4. On 10 January 1968, the applicant was released from active duty in the rank of specialist five. He had completed 1 year, 9 months, and 7 days of creditable active service.
5. On 9 February 2011, the ABCMR denied the applicant's request for a Combat Medical Badge in ABCMR Docket Number AR20100018859.
6. Department of Defense Instruction 1348.33 (Military Awards Program) states 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 O-6 and below who actively participated in ground or surface combat. An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.
7. 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. 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:
1. The applicant requests award of the Combat Action Ribbon.
2. The applicant was a Soldier serving in an artillery unit in the RVN. The Combat Action Ribbon is a U.S. Navy/Marine Corps/Coast Guard award. He never served with such units in the RVN and he does not qualify for the Combat Action Ribbon.
3. In case the applicant is mistakenly requesting the Combat Action Ribbon when he means the Combat Action Badge, this new badge was authorized effective to 18 September 2001 and is not retroactive.
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.
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