IN THE CASE OF:
BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024555
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 correction to his DD Form 214 (Report of Separation from Active Duty), for the period ending on 30 April 1975, to show award of the Combat Action Badge and the Armed Forces Expeditionary Medal.
2. The applicant states he served in combat with the following units.
* Korea - 212th Military Police (MP) Company
* Vietnam - 519th MP Battalion and 101st MP Company
3. The applicant provides:
* DA Form 20 (Enlisted Qualification Record)
* DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge), effective 28 May 1961
* DD Form 214 (Report of Separation from Active Duty), effective 30 April 1975
* Certificate of Retirement
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 served on active duty from January 1949 through April 1975. He served through multiple reenlistments in a variety of stateside or overseas assignments and he attained the rank/grade of sergeant first class, E-7, in military occupational specialty 95B (MP). He completed the following periods of foreign service:
* Republic of Korea from 8 March through 21 March 1963
* Germany from 9 May 1966 through 18 April 1969
* Vietnam from 8 January through 13 December 1971
3. He was issued multiple separation documents throughout his military service. Each separation document captured his military service as well as the awards/decorations he earned during that period of service.
4. He was honorably retired on 30 April 1975 and placed on the retired list on 1 March 1975. His retirement DD Form 214 lists the:
* Good Conduct Medal with Silver Clasp with 3 Loops
* Bronze Star Medal
* Motor Vehicle Drivers Badge
* Purple Heart
* Army of Occupation Medal (Japan)
* Korean Service Medal with three silver service stars
* United Nations Service Medal
* Presidential Unit Citation
* Republic of Korea Presidential Unit Citation Badge
* National Defense Service Medal with Oak Leaf Cluster
* Vietnam Service Medal with three bronze service stars
* Republic of Vietnam Campaign Medal with Device (1960)
* Republic of Vietnam Gallantry Cross with Palm Unit Citation
5. Army Regulation 600-8-22 (Military Awards) states the Combat Action Badge was approved on 2 May 2005 to provide special recognition to Soldiers who
personally engaged, or are engaged by the enemy. 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.
6. Army Regulation 600-8-22 also states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. It states individuals qualified for the Armed Forces Expeditionary Medal for service in Vietnam from 1 July 1958 and 3 July 1965 (inclusive) shall remain qualified for that medal. Upon request, the Vietnam Service Medal may be awarded in lieu of the Armed Forces Expeditionary Medal, but the regulation requires that the Armed Forces Expeditionary Medal be removed from the records of the individual. No person will be entitled to both awards for Vietnam service.
DISCUSSION AND CONCLUSIONS:
1. The applicant was honorably retired on 30 April 1975. The Combat Action Badge is authorized for service 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. Therefore, the applicant is not entitled to this award and its addition to his DD Form 214.
2. The evidence of record shows the applicant served in Vietnam from 8 January through 13 December 1971 and he was awarded the Vietnam Service Medal. Based on regulatory guidance he is not eligible for award of the Armed Forces Expeditionary Medal.
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) AR20110024555
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20110024555
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