IN THE CASE OF:
BOARD DATE: 24 February 2015
DOCKET NUMBER: AR20140012481
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 correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) to show the Combat Action Medal (taken to mean Combat Action Badge (CAB)) and the Dominican Campaign."
2. He states additional medals were awarded after his discharge.
3. The applicant provides a copy of his DD Form 214
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. On 28 August 1964, the applicant enlisted in the Regular Army. After completing initial entry training, he was awarded military occupational specialty (MOS) 13A (Field Artillery Basic), and assigned to C Battery, 2nd Battalion, 321st Field Artillery Regiment, Fort Bragg, NC. On 30 April 1965, his MOS was changed to 13E (Cannon Fire Direction Specialist).
3. Item 41 (Awards and Decorations) of his DA Form 20 (Enlisted Qualification Record) shows he was awarded the Armed Forces Expeditionary Medal (AFEM) (Dominican Republic (DR)).
4. On 25 August 1967, he was honorably released from active duty after completing 2 years, 11 months, and 28 days of total active service. His DD Form 214 shows he was awarded the:
* National Defense Service Medal
* Parachutist Badge
* Good Conduct Medal (1st Award)
* Armed Forces Expeditionary Medal
5. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
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.
a. The CAB was only authorized from 18 September 2001 to a date to be determined.
b. Service in the DR from 28 April 1965 to 21 September 1966 is recognized by the AFEM.
DISCUSSION AND CONCLUSIONS:
1. His record shows he was awarded the AFEM for his service in the DR. This is the only award authorized for this service. There is no basis for correcting his DD Form 214 to show the "Dominican Campaign."
2. The only qualifying period for award of the CAB is from 18 September 2001 to a date to be determined. Award of the CAB for service prior to 18 September 2001 is not authorized. Therefore, there is no basis for adding the CAB to his
DD Form 214.
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) AR20140011438
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ABCMR Record of Proceedings (cont) AR20140012481
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