IN THE CASE OF:
BOARD DATE: 29 July 2014
DOCKET NUMBER: AR20130021373
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 (CAR) and Combat Medical Badge (CMB).
2. The applicant states he should have been awarded the CAR and CMB for his service in the Dominican Republic; however, due to the failure of military personnel they were never awarded.
3. The applicant provides copies of his DD Form 214 (Certificate of Release or Discharge from Active Duty), DA Form 2-1 (Personnel Qualification Record Part I), orders attaching him to the 53rd Medical Detachment, and his retirement orders.
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 serving as an operating room specialist in the pay grade of E-6 at Fort Bliss, TX when he was transferred to the 53rd Medical Detachment on temporary duty and was attached to the 15th Field Hospital during deployment to the Dominican Republic with the 82nd Airborne Division.
3. His record shows he deployed to the Dominican Republic during the period
1 May to 16 May 1965 and he was awarded the Armed Forces Expeditionary Medal for that deployment.
4. On 28 February 1982, he was retired in the pay grade of E-8 by reason of required service for retirement. His DD Form 214 issued at the time of his retirement does not reflect awards of the CAR or CMB.
5. A review of his official record failed to show any evidence of the applicant being attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.
6. Army Regulation 600-8-22 (Military Awards) states the Combat Medical Badge is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat. Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.
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, the 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, the U.S. Marine Corps, or the U.S. Coast Guard.
DISCUSSION AND CONCLUSIONS:
1. The applicants contention that he should have been awarded the CMB and CAR for his participation in the invasion of the Dominican Republic has been noted and found to lack merit.
2. The applicant has failed to show he engaged the enemy while assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.
3. In regard to award of the CAR, that award is a Department of the Navy award that was not authorized until 1969. However, this Board does not have the authority to authorize that award.
4. Accordingly, there is no basis to grant the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____x___ ____x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20130021373
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ABCMR Record of Proceedings (cont) AR20130021373
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