MEMORANDUM OF CONSIDERATION

	IN THE CASE OF

	BOARD DATE:             10 July 2003
	DOCKET NUMBER:     AR2003084136

	I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

  The following members, a quorum, were present:

	Mr. Roger w. Able		Chairperson	
	Mr. Larry C. Bergquist		Member	
	Ms. Barbara J. Ellis		Member	

	The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date.  In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

	The applicant requests correction of military records as stated in the application to the Board and as restated herein.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

APPLICANT REQUESTS:  In effect, that he be awarded the Combat Action Ribbon as well as any other awards to which he is entitled based on his service in the Republic of Vietnam (RVN).

APPLICANT STATES:  In effect, that he served with an Army Ranger unit in the RVN from September 1966 through March 1967.  He states that his separation document (DD Form 214) does not document this overseas combat service.  As a result, the Department of Veterans Affairs (VA) has denied his service connected disability claim.  

EVIDENCE OF RECORD:  The applicant's military records show:

He was inducted into the Army for two years on 18 April 1966.  He was trained and served in military occupational specialty 55B (Ammunition Storage Specialist).  He continuously served on active duty for two years and was honorably separated on 22 April 1968, by reason of expiration term of service (ETS).  

The applicant’s Enlisted Qualification Record (DA Form 20) shows that he was promoted to the rank of specialist four (SP4) on 13 October 1967, and this was the highest rank he attained while serving on active duty.  The record also shows that he reported to the Reception Station at Fort Jackson, South Carolina on 
18 April 1966, for his initial active duty processing.  Upon completion of his in-processing, he was immediately assigned to Fort Riley, Kansas, where he remained assigned until his separation on 22 April 1968.

Item 40 (Foreign Service) of the applicant’s DA Form 20 is blank and contains no entry indicating that he ever served in an overseas area during his tenure on active duty.  Item 41 (Awards and Decorations) indicates that the only awards he earned during his active duty service were the National Defense Service Medal and Expert Marksmanship Qualification Badge with Rifle Bar.  

The applicant’s record documents a disciplinary history that includes his acceptance of nonjudicial punishment (NJP) on at least two separate occasions.  The offenses for which NJP was imposed included a five day period of his being absent without leave (AWOL) between 27 December 1966 and 1 January 1967.  

Army Regulation 635-5, in effect at the time, provided that a DD Form 214 would be prepared and issued to all personnel at the time of their retirement, discharge, or release from active duty.  It also stipulated that the amount of foreign service listed would reflect the foreign service performed during that specific period of service covered by the DD Form 214 and the last overseas theater in which this service was performed.  It also specified that the inclusive dates of any service performed in the RVN would be shown in the Remarks section of the DD Form 214.
Department of Defense Instruction 1348.33 (Military Awards Program) provides that 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 0-6 and below who have actively participated in ground or surface combat.  The Department of Defense Instruction lists the actions for which the Combat Action Ribbon is authorized beginning with Southeast Asia (1 March 1961) and ending with Operation Desert Storm in 1991.  This award is not authorized to be awarded to Army personnel.  

DISCUSSION:  Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1.  The Board notes the applicant’s contentions that he should be awarded the Combat Action Ribbon for his combat service in the RVN, and his DD Form 214 should be corrected to reflect his overseas combat service in the RVN.  However, it finds insufficient evidence to support these claims.  

2.  The applicant is advised that the Combat Action Ribbon is an authorized Navy award, and 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 0-6 and below who have actively participated in ground or surface combat.  Army award.  It is not an authorized Army award, and is not awarded for Army combat service.  Therefore, the Board finds that the applicant, even had he served in combat with an Army Ranger unit in the RVN, would not have been eligible to receive the Combat Action Ribbon.  

3.  The evidence of record fails to show that the applicant served in an overseas area during his tenure on active duty.  Further, the applicant has failed to provide independent evidence that shows he ever performed combat service in the RVN during his tenure on active duty.  Thus, the Board finds no evidentiary basis for correcting his separation document to include the foreign service he claims to have completed.  

4.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

5.  In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION:  The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________  ________  ________  GRANT

________  ________  ________  GRANT FORMAL HEARING

__BE___  __LB___  ___RA_    _  DENY APPLICATION

		    Carl W. S. Chun
		    Director, Army Board for Correction
      of Military Records

INDEX

CASE ID	AR2003084136	
SUFFIX		
RECON		
DATE BOARDED		
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE		
DISCHARGE AUTHORITY	AR .  .  .  .  .  	
DISCHARGE REASON		
BOARD DECISION	DENY	
REVIEW AUTHORITY		
ISSUES         1. 46 	107.0000	
2. 251 	120.0000	
3.		
4.		
5.		
6.