BOARD DATE: 7 January 2014
DOCKET NUMBER: AR20130007863
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 of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show awards of the Combat Action Badge (two awards), TET Campaign Commemorative Medal, Republic of Vietnam Commemorative Medal, and the Republic of Vietnam Gallantry Cross with Palm Unit Citation.
2. The applicant states that he was stationed with the 104th Engineer Battalion and believes these awards should be reflected on his DD Form 214.
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 on 12 September 1966 for a period of 3 years. He completed his basic training at Fort Campbell, Kentucky and his advanced individual training as a heavy vehicle driver at Fort Leonard Wood, Missouri before he was transferred to Vietnam on 27 February 1967 for assignment to the 104th Engineer Company (Dump Truck).
3. He departed Vietnam on 25 February 1968 and was transferred to Germany where he served until he was honorably released from active duty (REFRAD) on 24 August 1969. His DD Form 214 issued at the time of his REFRAD shows that he was awarded the Vietnam Campaign Medal, National Defense Service Medal, and Vietnam Service Medal.
4. On 4 April 2013, the Board issued the applicant a DD Form 215 (Correction to DD Form 214) adding the award of the Republic of Vietnam Gallantry Cross with Palm Unit Citation. Accordingly, that award will not be discussed further in these proceedings.
5. 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. 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 Combat Action Badge are not authorized prior to 18 September 2001.
6. Most commemorative medals are not officially recognized. Title 32, Code of Federal Regulations, Part 578 lists and discusses all official U.S. military decorations, medals, ribbons, and similar devices; commemorative medals are not listed as official. Some commemorative medals are authorized by the U.S. Congress and are minted by the U.S. Mint. However, Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prohibits the wearing of commemorative medals. In addition, award of these medals is not governed by the provisions of Army Regulation 600-8-22 and, as a result, they may not be shown on a discharge document.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that his DD Form 214 should reflect awards of the Combat Action Badge has been noted and found to lack merit. The CAB was not in existence at the time he served and is not authorized for retroactive award to the period the applicant served. Accordingly, he is not entitled to this award.
2. The applicants contention that commemorative awards should be added to his DD Form 214 has also been noted and found to lack merit. Commemorative medals are not authorized for entry on the DD Form 214.
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) AR20130007863
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ABCMR Record of Proceedings (cont) AR20130007863
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