IN THE CASE OF:
BOARD DATE: 8 October 2013
DOCKET NUMBER: AR20130002918
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 Badge be added to his records.
2. The applicant states he served in combat in Vietnam and his service meets the requirements set forth for the Combat Action Badge. His military records show he served in and/or was attached to Army units that were in confirmed combat.
3. The applicant provides his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).
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 5 May 1966. He completed basic combat and advanced individual training and he was awarded military occupational specialty (MOS) 71H (Personnel Specialist) and later MOS 71L (Administrative Specialist).
3. The applicant's records further show he served in the Republic of Vietnam from on or about 11 April 1967 to 2 April 1968. He was initially assigned to the 520th Personnel Service Company and then Headquarters and Headquarters Detachment, 1st Logistical Command.
4. He was honorably released from active duty on 4 April 1968.
5. Army Regulation 600-8-22 (Military Awards) states the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. 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. 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. The regulation also states that award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and that the Combat Action Badge will be announced in permanent orders. Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.
DISCUSSION AND CONCLUSIONS:
The award of the Combat Action Badge provides special recognition to Soldiers who personally engaged, or are engaged by the enemy. This award is not intended to be awarded to all Soldiers who serve in a combat zone or imminent danger area. More importantly, by regulation, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. The applicant served on active duty from 5 May 1966 to 4 April 1968. He does not meet the criteria for this 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) AR20130002918
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ABCMR Record of Proceedings (cont) AR20130002918
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