BOARD DATE: 13 September 2012 DOCKET NUMBER: AR20120004043 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 Badge (CAB). 2. The applicant states: * the CAB should have been awarded to him based on his active service * he served for 14 months and 20 days in the Dominican Republic from May 1965 to August 1966 * he was in many combat situations during his tour of active duty 3. The applicant provides: * a Department of Veterans Affairs (VA) Form 21-4138 (Statement in Support of Claim), dated 30 January 2012 * a letter from the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch, dated 12 January 2012 * a letter from the Army Review Boards Agency, dated 14 November 2011 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 (RA) on 26 August 1963. He completed training as a light weapons infantryman. He arrived in the Dominican Republic on 3 May 1965. 3. The applicant departed the Dominican Republic en route to the United States on 22 July 1966. 4. On 25 August 1966, the applicant was honorably released from active duty at the expiration of his term of service. The DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) he was issued at the time shows he was awarded the: * Parachutist Badge * "Medical Badge" * Armed Forces Expeditionary Medal * National Defense Service Medal 5. In a letter, dated 12 January 2012, HRC notified the applicant that they were unable to process his request for award for the CAB. He was advised that the CAB was established with an effective dated of 18 September 2001 and that retroactive awards of the CAB prior to this date are not authorized. 6. Army Regulation 600-8-22 (Military Awards) states the requirements for award of the CAB 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 CAB. However, it is not intended to award the CAB 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. Award for qualifying service in any previous conflict is not authorized. Retroactive awards of the CAB are not authorized prior to 18 September 2001. DISCUSSION AND CONCLUSIONS: 1. The applicant's contentions have been noted and his supporting evidence has been considered. 2. He served in the RA from 26 August 1963 through 25 August 1966. Award of the Combat Action Badge is authorized from 18 September 2001 to a date to be determined. Award for qualifying service in any previous conflict is not authorized. Therefore, he does not meet the eligibility criteria for award of the Combat Action Badge. 3. In view of the foregoing, 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) AR20120004043 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20120004043 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1