IN THE CASE OF:	  

		BOARD DATE:	  5 April 2011

		DOCKET NUMBER:  AR20100023836 


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 for his service during 1966 while he was assigned to the 25th Infantry Division.  

2.  He states he:

* was wounded by the enemy in Cu Chi near Saigon, South Vietnam
* still has 10 percent (%) of lead in his back from mortar and shrapnel
* deserves this honor

3.  He provides:

* his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) 
* a certificate from the Military Order of the Purple Heart
* a listing of awards from the Veterans of Foreign Wars of the United States

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 was inducted into the Army of the United States on 5 October 1964.

3.  His DA Form 20 (Enlisted Qualification Record) shows in:

* Item 22 (Military Occupational Specialties (MOS)) he was awarded MOS 13A (Field Artillery Basic) on 19 March 1965
* Item 31 (Foreign Service) he served in the U.S. Army Pacific (Hawaii, Vietnam) from 6 January 1965 to 23 September 1966
* Item 41 (Awards and Decorations) he was awarded the Vietnam Service Medal, National Defense Service Medal, and the Republic of Vietnam Campaign Medal with Device (1960)

4.  His service record does not contain orders showing he was awarded the Combat Action Ribbon.  There is also no evidence which shows he served in the U.S. Navy, the U.S. Marine Corps, or the U.S. Coast Guard.

5.  He was released from active duty on 23 September 1966 as an overseas returnee.  Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows, in addition to the same awards as shown on his DA Form 20, the Purple Heart.  However, it does not show award of the Combat Action Ribbon.

6.  He provided a certificate from the Military Order of the Purple Heart which shows he was awarded the Purple Heart for wounds received while engaged in armed conflict against an enemy of the U.S. Army and he was declared a lifetime member.

7.  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, 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, U.S. Marine Corps, or the U.S. Coast Guard.
DISCUSSION AND CONCLUSIONS:

1.  The authority for award of the Combat Action Ribbon states that it is awarded to members of the U.S. Navy, U.S. Marine Corps, and the U.S. Coast Guard operating under the control of the U.S. Navy.  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, U.S. Marine Corps, or the U.S. Coast Guard.  

2.  The applicant's service record is void of evidence which shows he was awarded the Combat Action Ribbon by the Department of the Navy; therefore, there is no basis for granting the applicant's requested relief.  

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)                                         AR20100023836



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ABCMR Record of Proceedings (cont)                                         AR20100023836



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