ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 1 October 2019 DOCKET NUMBER: AR20190005916 APPLICANT REQUESTS: in effect, correction of his DD Form 214 (Armed Forces of the United States Report of Transfer or Discharge) for the period ending on 20 August 1965, to show his foreign service in the Dominican Republic for Operation Power Pack from May to August 1965, and that he was awarded the Combat Medical Badge (CMB.) APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 214 * An internet article: “OPERATION POWER PACK – U.S. Military Intervention in the Dominican Republic“, dated 4 April 2019 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. The applicant states in effect: a. His foreign service in the Dominican Republic is not reflected on his DD Form 214, in which he participated in Operation Power Pack from May to August 1965. b. He was awarded the Armed Forces Expeditionary Medal (AFEM) and the “Medical Badge” for his participation in Operation Power Pack. c. His DD Form 214 does not reflect his CMB. 3. His DD Form 47 (Record of Induction) shows on 21 August 1963, he was inducted into the Army of the United States. 4. His DA Form 20 (Enlisted Qualification Record) shows in: a. item 22 (Military Occupational Specialties (MOS’)) – MOS 91B (Medical Specialist), b. item 27 (Military Education) – Medical Corpsman, c. item 31 (Foreign Service) – no foreign service time, and d. item 38 (Record of Assignments) – he was assigned to: * Headquarters and Headquarters Company (HHC), 1st Airborne Group (ABG), 505th Infantry, Fort Bragg, NC. from 1 February 1964 to 9 April 1964 * Company B, 1st Battalion, USAMTC, Fort Sam Houston, TX from 10 April 1964 to 19 June 1964 * HHC, 1st Battalion, 505th Infantry from 20 June 1964 to 19 August 1965 e. Item 41 (Awards and Decorations): * Parachutist Badge * AFEM * “Medical Badge” 5. Special Orders Number 162, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC., dated 15 July 1965, show he was awarded the [Combat] Medical Badge, while assigned to the HHC, 1st Battalion, 505th Infantry. 6. On 20 August 1965, he was honorably released from active duty and transferred to the U.S. Army Reserve. His DD Form 214 shows: a. Item 12 (Last Duty Assignment and Major Command) – “HHC 1st Bn 505th Inf 3d US Army.” b. Item 24c (Foreign and/or Sea Service) – “0 0 0.” c. Item 26 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized): * AFEM * Parachutist Badge * “Medical Badge” 7. A review of his available records does not show orders or the beginning and end dates of his service in the Dominican Republic for participation Operation Power Pack. 8. The applicant provides an internet article that states, in the week of 25 April 1965, “…thousands of Soldiers and Marines were engaged in combat and stability operations in the Dominican Republic and the 82nd Airborne Division had sustained its first combat casualties since World War II.” 9. Army Regulation 635-5 (Separation Documents) states to enter for item 24c the total active duty outside continental limits of the United States for the period covered by the DD Form 214 and the last overseas theater in which service was performed, e.g., USAREUR. BOARD DISCUSSION: 1. The Board carefully considered the applicant’s request, supporting documents and evidence in the records. The Board considered the applicant’s statement, his record of service, orders in his records, his MOS and units of assignment and his award of the AFEM and Medical Badge. The Board found that he was assigned to a subordinate unit of the 82d Airborne Division and considered the article he provided describing “Operation Power Pack”. The Board found insufficient evidence to determine the period or length of time the applicant spent on active duty outside the continental limits of the United States. The Board concurs with the corrections stated in the Administrative Note(s) below. Based on a preponderance of evidence, the Board determined corrections to the applicant’s DD Form 214 were appropriate. 2. After reviewing the application and all supporting documents, the Board found that partial relief was warranted. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF :X :X :X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 for the period ending 20 August 1965 as indicated in the Administrative Notes that follow. 2. The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding a period of foreign service (Dominican Republic) to his DD Form 214. 7/29/2020 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. ADMINISTRATIVE NOTE(S): 1. Special Orders Number 162, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC., dated 15 July 1965, show he was awarded the [Combat] Medical Badge, while assigned to the Headquarters and Headquarters Company, 1st Battalion, 505th Infantry. 2. Special Orders Number 208, issued by 2nd Training Regiment, Basic, The United States Army Training Center, Engineer, Fort Leonard Wood, MO, dated 7 October 1963, shows he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar (M-1). 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. Army Regulation 635-5 prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. a. This regulation identified the DD Form 214 as a synopsis of the Soldier's most recent period of continuous active duty, providing a brief, clear-cut record of active Army service at the time of release from active duty, retirement or discharge. b. Item 24c would contain the total amount of active duty served outside the continental limits of the United States during the period covered by the DD Form 214 and the last overseas theater in which the service was performed, e.g., "Foreign and/or Sea Service (USAREUR) (United States Army Europe))." 3. Army Regulation 672-5-1 (Awards) states, the AFEM, which is established by Executive Order 10977, dated 4 December 1961, is authorized for: U.S. Military Operations, U.S. Operations in direct support of the United Nations, and U.S. Operations of Assistance for Friendly Foreign Nations. To be awarded the AFEM, after 1 July 1958, a service member must have met the qualifications set below, and must be a bona-fide member of a unit and engaged in the operation, or meet one or more of the following criteria: ... a. shall serve not less than 30 consecutive days in the area of operations, b. be engaged in direct support of the operation for 30 consecutive days or 60 nonconsecutive .days, provided this support-involves entering the area of operations, c. shall serve for the full period where an operation is less than 30 days' duration, d. be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area, e. participate as a regularly assigned crewmember of an aircraft flying into, out of, within, or over the area in support of the military operation; and f. be recommended, or attached to a unit recommended, by the chief of a service or the commander of unified or specified command for award of the medal, although the criteria above have not been fulfilled. Such recommendations may be made to the Joint Chiefs of Staff for duty of such value to the operation as to warrant particular recognition. g. Dominican Republic was a designated area for the period 28 April 1965 to 21 September 1966.