ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

RECORD OF PROCEEDINGS


IN THE CASE OF: 
BOARD DATE:  10 May 2019 DOCKET NUMBER: AR20170003262

APPLICANT REQUESTS: correction of his records to show award of the Combat Action Ribbon (CAR).

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD:

* DD Form 149 (Application for Correction of Military Record)
* DD Form 214 (Armed Forces of the United States-Report of Transfer or Discharge), ending 9 January 1971

FACTS:

1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file.

2. He states, in effect, that he served in the infantry during the Vietnam War and not having the CAR listed on his DD Form 214 is preventing him from accessing his veteran's benefits.

3. A review of his military records show that:

* he was inducted into the Army of the United States on 17 March 1969
* served in Vietnam as an light weapons infantryman from 9 September 1970 to 8 January 1971, where he was assigned to Company A, 2nd Battalion, 1st Infantry
* his awards include the Combat Infantryman Badge

4. On 9 January 1971, he was released from active duty.

5. The authority for award of the CAR states that 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.


BOARD DISCUSSION:

After reviewing the application and all supporting documents, the Board determined that relief was not warranted. Based upon the request from the applicant involving an award and decoration that does not exist, the Board concluded that there was no error or injustice that would warrant a correction to the record.


BOARD VOTE:

Mbr 1
Mbr 2
Mbr 3

:
:
:
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.

5/16/2019

CHAIRPERSON
Signed  by: 
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.


REFERENCES:

1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.

2. Department of Defense Instruction 1348.33 (Military Awards Program) shows 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 rank of Colonel and below who have actively participated in ground or surface combat.