BOARD DATE: 13 September 2012
DOCKET NUMBER: AR20120004043
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 (CAB).
2. The applicant states:
* the CAB should have been awarded to him based on his active service
* he served for 14 months and 20 days in the Dominican Republic from May 1965 to August 1966
* he was in many combat situations during his tour of active duty
3. The applicant provides:
* a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 30 January 2012
* a letter from the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, dated 12 January 2012
* a letter from the Army Review Boards Agency, dated 14 November 2011
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 enlisted in the Regular Army (RA) on 26 August 1963. He completed training as a light weapons infantryman. He arrived in the Dominican Republic on 3 May 1965.
3. The applicant departed the Dominican Republic en route to the United States on 22 July 1966.
4. On 25 August 1966, the applicant was honorably released from active duty at the expiration of his term of service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he was awarded the:
* Parachutist Badge
* "Medical Badge"
* Armed Forces Expeditionary Medal
* National Defense Service Medal
5. In a letter, dated 12 January 2012, HRC notified the applicant that they were unable to process his request for award for the CAB. He was advised that the CAB was established with an effective dated of 18 September 2001 and that retroactive awards of the CAB prior to this date are not authorized.
6. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB 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 CAB. However, it is not intended to award the CAB to all Soldiers who serve in a combat zone or imminent danger area. 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. 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. 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 CAB are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contentions have been noted and his supporting evidence has been considered.
2. He served in the RA from 26 August 1963 through 25 August 1966. 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. Therefore, he does not meet the eligibility criteria for award of the Combat Action Badge.
3. In view of the foregoing, there is no basis for granting the applicant's requested relief.
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) AR20120004043
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20120004043
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2014 | 20140012481
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. This is the only award authorized for this service. _______ _ 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.
ARMY | BCMR | CY2011 | 20110020407
Because he may not get the CIB, he now says to take a look at the Combat Action Badge (CAB). The Soldier must [not] be assigned or attached to a unit that would qualify the Soldier for the CIB or the Combat Medical Badge. His argument also implies that if he cannot be awarded the CIB, then he should at least receive the CAB for his combat service.
ARMY | BCMR | CY2010 | 20100021961
Application for correction of military records (with supporting documents provided, if any). Although this is not the standard for award of the CAB, the facts documented in the award packet meet even this higher HRC standard for award of the CAB. The authority stated: * under Army Regulation 600-8-22 (Military Awards), paragraph 8-8a, the CAB is awarded "to provide special recognition to Soldiers who personally engaged, or are engaged by the enemy" * the eyewitness statements submitted in...
ARMY | BCMR | CY2010 | 20100000521
The applicant requests he be awarded the Combat Action Badge (CAB). In a subsequent letter to the Board, the applicant stated that he believes that he was denied the CAB based on a misunderstanding of one of the requirements for award of the CAB: that the Soldier must be personally present and actively engaging or being engaged by the enemy. It is evident that HRC determined for award of the CAB, it must be established that a Soldier could have been wounded in the attack.
ARMY | BCMR | CY2008 | 20080014038
The applicant requests that he be awarded the Combat Action Badge (CAB). Army Regulation 600-8-22 also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Accordingly, the applicant is not entitled to award of the CAB for his service in Vietnam.
ARMY | BCMR | CY2013 | 20130006346
Application for correction of military records (with supporting documents provided, if any). He provides: * Self-authored statement * Email correspondence * Letter from the Army Board for Correction of Military Records * Two letters from the Awards and Decorations Branch * Two letters addressed to the Awards and Decorations Branch * Recommendations for award of the Combat Infantryman Badge (CIB) * Extract from Army Regulation 600-8-22 (Military Awards), paragraph 8-8 * DA Form 4187...
ARMY | BCMR | CY2011 | 20110015587
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of his previous request for award of the Combat Action Badge (CAB). The applicant was recommended for award of the CAB in 2007.
ARMY | BCMR | CY2013 | 20130012097
The applicant requests award of the Combat Medical Badge (CMB) or, in the alternative, award of the Combat Action Badge (CAB). There is also no evidence that he satisfactorily performed medical duties while the unit was engaged in active ground combat and that he was personally present and under fire. e. In his request to this Board, the applicant provides no documentary evidence to show he satisfactorily performed medical duties while the unit was engaged in active ground combat on 8...
ARMY | BCMR | CY2014 | 20140015904
The applicant requests correction of a DA Form 2823 (Sworn Statement), dated 14 November 2013, to justify award of the Combat Action Badge (CAB). The applicant states he wants block 9 of his DA Form 2823, dated 14 November 2013, corrected to justify award of the CAB in accordance with paragraphs 2 and 3 of the memorandum from the U.S. Army Human Resources Command (HRC). In addition, Military Personnel Message 11-268 requires a stated distance in meters of the proximity of the Soldier to...
ARMY | BCMR | CY2011 | 20110016205
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE: 1. The applicant requests reconsideration of the Board's denial of his previous request for award of the Combat Action Badge (CAB). He states that All Army Activities (ALARACT) Message 193/2010 specifically discusses the management of concussions.