IN THE CASE OF:
BOARD DATE: 29 January 2015
DOCKET NUMBER: AR20140009738
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 (Report of Separation from Active Duty) for the period ending 19 November 1971 to show award of the Combat Action Ribbon.
2. The applicant states:
a. He previously submitted an application for award of the Combat Infantryman Badge, but he meant to request the Combat Action Ribbon.
b. He was in combat on several occasions while serving in Vietnam.
3. The applicant provides no additional 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. The applicant enlisted in the Regular Army on 29 August 1968 for 3 years. He completed his training and was awarded military occupational specialty 63K (heavy equipment repairman). On 5 October 1969, he was honorably discharged for immediate reenlistment. He reenlisted on 6 October 1969 for 4 years. He served as a heavy equipment repairman in Vietnam from 8 December 1970 to 19 November 1971. He was honorably discharged on 19 November 1971.
3. His DD Form 214 for the period ending 19 November 1971 does not show the Combat Action Ribbon as an authorized award.
4. Department of Defense Instruction 1348.33 (Military Awards Program) states the Combat Action Ribbon was authorized by the Secretary of the Navy on 17 February 1969. It is awarded to members of the U.S. Navy, the U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy in the grade of O-6 and below who have actively participated in ground or surface combat. An individual who earned the Combat Infantryman Badge in the Army may be authorized to wear the Combat Action Ribbon as a member of the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.
5. As a matter of clarification, 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.
DISCUSSION AND CONCLUSIONS:
The Combat Action Ribbon is a Department of the Navy award. This Board does not have authority to award the Combat Action Ribbon.
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 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) AR20140009738
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140009738
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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