IN THE CASE OF:
BOARD DATE: 30 July 2013
DOCKET NUMBER: AR20120021815
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 the Combat Action Ribbon be added to his DD Form 214 (Report of Transfer or Discharge).
2. The applicant states he was awarded the Combat Action Ribbon in Vietnam.
3. The applicant provides a copy of his DD Form 214.
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 and entered active duty on 3 January 1969. He completed training as a field radio repairman in military occupational specialty (MOS) 31B.
3. His DA Form 20 (Enlisted Qualification Record) shows in:
a. item 38 (Record of Assignments) service with:
* D Company, 51st Infantry from 11 through 14 November 1970
* Headquarters and Headquarters Detachment, 10th Transportation Battalion from 15 November 1970 to 15 August 1971 when he was dropped from the rolls due to absence without leave (AWOL)
b. item 41 (Awards and Decorations):
* National Defense Service Medal
* Vietnam Service Medal
* Republic of Vietnam with Device 1960
* one Overseas Service Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar
4. On 1 May 1972, the applicant was separated with a general discharge under honorable conditions. His DD Form 214 credits him with the same awards and campaigns as his DA Form 20.
5. The Combat Action Ribbon is a Naval Service award. There is no evidence that any U.S. Marine Corps or U.S. Navy unit awarded the applicant the Combat Action Ribbon.
6. Army Regulation 600-8-22 (Military Awards) states that all awards approved by authorized commanders, by foreign governments, unit awards from the other Services, and all campaign participation credits, announced by authorized commanders, will be confirmed in Department of the Army General Orders.
DISCUSSION AND CONCLUSIONS:
The applicant states that he was awarded the Combat Action Ribbon in Vietnam but there is no available evidence to support this assertion and none to show that he was authorized by the Army to accept this Department of the Navy award.
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) AR20120021815
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ABCMR Record of Proceedings (cont) AR20120021815
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