BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016936 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ____x____ _____x___ ___x_____ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016936 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. BOARD DATE: 8 August 2018 DOCKET NUMBER: AR20160016936 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 and Presidential Unit Citation. 2. The applicant states he is interesting in learning if he is entitled to wear the Combat Action Badge and any Presidential Unit Citation. 3. The applicant provides no 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 was inducted into the Army of the United States on 3 January 1967 and he held military occupational specialty (MOS) 67A (Aircraft Maintenance Apprentice). He served in Vietnam from 29 May 1967 to 26 December 1968, during five campaigns. He was assigned to the: * 180th Military Police (MP) Detachment from 31 May to 1 August 1967 * 212th MP Company from 2 August 1967 to 1 January 1968 * 981st MP Company from 2 January to 8 May 1968 * 155th Aviation Company from 9 May to 14 December 1968 * 155th Assault Helicopter Company from 15 to 17 December 1968 3. He was honorably released from active duty on 22 December 1968. His DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) shows he completed 1 year, 11 months, and 20 days of active service. His DD Form 214 does not show he was awarded or authorized the Combat Action Badge and Presidential Unit Citation. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. The regulation states the Combat Action Badge, approved on 2 May 2005, 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. 2. Department of the Army (DA) Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists the awards received by units serving in Vietnam. This pamphlet does not shows the applicant's unit was awarded the Presidential Unit Citation during his period of service. DISCUSSION: 1. The applicant served on active duty from 3 January 1967 to 22 December 1968. The award of the Combat Action Badge was approved on 2 May 2005 and is not intended to be awarded to all Soldiers who serve in a combat zone or imminent danger area. More importantly, by regulation, retroactive awards of the Combat Action Badge are not authorized prior to 18 September 2001. 2. DA Pamphlet 673-2 does not show his unit was cited for award of the Presidential Unit Citation during his period service. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160016936 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160016936 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2