BOARD DATE:	  26 May 2015

		DOCKET NUMBER:  AR20140018264 


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 Ribbon (emphasis added).

2.  The applicant states he was supposed to receive the Combat Action Ribbon for being under hostile action in Vietnam but he never received it and it was not recorded on his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge).  He earned this ribbon and he would like to see it on the paperwork and receive it.

3.  The applicant does not provide any evidence. 

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.  It is unclear if the applicant is referring to the Combat Action Ribbon (a personal military decoration of the U.S. Navy (USN), U.S. Marine Corps (USMC), and the U.S. Coast Guard (USCG)), the Combat Infantryman Badge, or the Combat Action Badge.  As a result, the Board will consider all three badges.

3.  The applicant previously applied for award of the Combat Infantryman Badge (ABCMR Docket Number AR20130019142) and his request was denied by the Board on 10 July 2014.

4.  The applicant was inducted into the Army of the United States on 14 February 1968.  He was trained in and awarded military occupational specialty (MOS) 94B (Cook) on 14 June 1968. 

5.  He served in Vietnam from 29 December 1968 to 28 December 1969.  He was assigned, as a cook, to Headquarters and Headquarters Company, 1st Battalion, 27th Infantry Regiment, 25th Infantry Division. 

6.  He was honorably released from active duty on 29 December 1969.  His DD Form 214 shows he was awarded or authorized the: 

* National Defense Service Medal
* Vietnam Service Medal
* Vietnam Campaign Medal
* Army Commendation Medal with "V" Device and oak leaf cluster

7.  General Orders Number 3971, issued by Headquarters, 25th Infantry Division, on 26 March 1969, awarded him the Army Commendation Medal with "V" Device for heroism on 23 February 1969.  The citation reads: 

When Fire Support Base Mahone came under intense enemy rockets, mortar, and ground attack, [Applicant] moved through the bullet swept area to support the perimeter bunker line.  With complete disregard to his own safety, [Applicant] exposed himself to a hail of hostile fire as he helped to distribute ammunition to each position in the sector of the bunker line.  Throughout the battle, he placed a devastating volume of fire on the advancing insurgents. 

8.  His records do not contain orders awarding him the Combat Infantryman Badge.  Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) does not list the Combat Infantryman Badge.


9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.  It states the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS.  They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size.

10.  Appendix V of U.S. Army Vietnam (USARV) Regulation 672-1 states that during the Vietnam era the Combat Infantryman Badge was awarded only to enlisted individuals who held and served in MOS 11B, 11C, 11D, 11F, 11G, or 11H.  Furthermore, USARV Regulation 672-1 also provided for award of the Combat Infantryman Badge to infantry personnel who were members of infantry platoons and squads in armored cavalry squadrons and regiments.

11.  Army Regulation 600-8-22 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.  Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined and will be announced in permanent orders.  Retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.

12.  The Combat Action Ribbon is awarded to those who, in any grade below that of Captain in the USN and USCG or Colonel in the USMC, have actively participated in ground or surface combat.  

DISCUSSION AND CONCLUSIONS:

1.  With respect to the Combat Action Ribbon, this is a USN award and awarding it to a member of the Army is not within the purview of this Board.  As a Soldier assigned to a U.S. Army unit in Vietnam, it is unlikely that he would have been recommended for this award.  If he has documentation indicating he was, in fact, recommended for and received this award for his service in Vietnam, he may submit that documentation with a request for reconsideration.  

2.  With respect to the Combat Infantryman Badge, the applicant held a food service MOS; he did not hold an infantry MOS during his service in Vietnam or at any time during his active service from 14 February 1968 to 29 December 1969.  Although he received the Army Commendation Medal with a "V" Device, while assigned to an infantry unit, he does not meet the criteria for award of the Combat Infantryman Badge in that there is no evidence he was trained in, awarded, or held an infantry MOS.  

3.  With respect to the Combat Action Badge, the Combat Action Badge provides special recognition to Soldiers who personally engaged or are engaged by the enemy.  More importantly, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001.  The applicant served on active duty from 14 February 1968 to 29 December 1969.  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)                                         AR20140018264



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ABCMR Record of Proceedings (cont)                                         AR20140018264



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