IN THE CASE OF:	  

		BOARD DATE:	  26 March 2015

		DOCKET NUMBER:  AR20140014083 


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 Valorous Unit Award and the Combat Action Badge be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 1 April 1991.

2.  The applicant states a House of Representatives Resolution (HR) 293 revised the eligibility dates for the Combat Action Badge.

3.  The applicant provides:

* a newspaper clipping
* a memorandum for Commander, Forces Command, dated 5 March 1996, from U.S. Total Army Personnel Command, Alexandria, VA subject: Valorous Unit Award
* two certificates

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.  On 6 January 1988, he enlisted in the Regular Army.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 31K (Combat Signaler).

3.  On 31 May 1988, he was assigned to the 5th Battalion, 5th Calvary in Germany.

4.  A memorandum for record, dated 23 May 1991, from the 5th Battalion, 
5th Cavalry certified the applicant was assigned to the 5th Battalion, 5th Cavalry and arrived in Southwest Asia on 3 January 1991.

5.  The applicant provided a memorandum for Commander, Forces Command, dated 5 March 1996, subject: Valorous Unit Award stating the recommendation for the award of the Valorous Unit Award to Headquarters and Headquarters Company, 1st Brigade, 3rd Armored Division was approved.  The 5th Battalion, 5th Cavalry (4 January - 15 June 1991) was included for this award.

6.  On 1 April 1991, he was released from active duty.  His DD Form 214 does not show he was awarded the Valorous Unit Award or the Combat Action Badge or the Army Good Conduct Medal.

7.  There is no evidence the applicant received the first award of the Army Good Conduct Medal.  There also is no evidence the applicant was disqualified by his chain of command from receiving the Army Good Conduct Medal.  Records do not show indiscipline or lost time.  His records do not contain any adverse information.

8.  On 15 January 2013, HR 293, 113th Congress (2013-2014)) was introduced to expand retroactive eligibility of the Army Combat Action Badge to include members of the Army who participated in combat during which they personally engaged, or were personally engaged by, the enemy at any time on or after December 7, 1941.  The following actions were taken:

* 15 January 2013 - referred to the House Committee on Armed Services
* 31 January 2013 - referred to the House Armed Services Subcommittee on Military Personnel

No further actions were taken during the 113th Congress.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  After 27 June 1950, to the present time, the current standard for award of the Army Good Conduct Medal is 3 years of qualifying service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

	b.  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.  

DISCUSSION AND CONCLUSIONS:

1.  The memorandum for Commander, Forces Command, dated 5 March 1996, subject: Valorous Unit Award shows his unit was included in the Valorous Unit Award during the period 4 January - 15 June 1991.  Therefore, this award should be added to his DD Form 214 with a separation date of 1 April 1991.

2.  The applicant's records do not show indiscipline, lost time, or a record of courts-martial.  There is no record of a commander's disqualification.  Therefore, the evidence is sufficient to show the applicant was eligible for award of the Army Good Conduct Medal (1st Award) based on completion of qualifying service from 6 January 1988 to 5 January 1991. 

3.  Although HR 293 was introduced in the House of Representatives on 
15 January 2003, it did not make it out of committee prior to the conclusion of the 113th Congress.  Therefore, it must be reintroduced during a further Congress.  There is no evidence this has been done.

4.  Therefore, the applicant is not eligible for the award of the Combat Action Badge because the current regulation only authorizes the award from
18 September 2001.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding him the Army Good Conduct Medal (1st Award) for qualifying service from 6 January 1988 to 5 January 1991; and

	b.  amending his DD Form 214 with a separation date of 1 April 1991 by adding the:

* Army Good Conduct Medal (First Award)
* Valorous Unit Award

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the Combat Action Badge.  




      _______ _   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)                                         AR20140014083



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ABCMR Record of Proceedings (cont)                                         AR20140014083



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