From: Chairman, Board for Correction of Naval Records 
To:   Secretary of the Navy   
 
Subj: REVIEW OF NAVAL RECORD OF FORMER MEMBER , XXX-XX- 
 
Ref:     (a) 10 U.S.C. 1552 
         (b) DoD Manual 1348.33 (Manual of Military Decorations and Awards) 
         (c) SECNAVINST 1640.1H (Navy and Marine Corps Awards Manual)  
         (d) SECNAV M-1650.1 (Navy and Marine Corps Awards Manual)  
   
Encl: (1) DD Form 149 with attachments 
      (2) Case summary 
 
1.  Pursuant to the provisions of reference (a), Petitioner, a former enlisted member of the Marine Corps, filed enclosure (1) requesting a change to his Certificate of Release or Discharge from Active Duty (DD Form 214) with a discharge effective date of 01 June 1993, to reflect his entitlement to the Combat Action Ribbon (CAR).    
 
2.  The Board, consisting of , reviewed Petitioner's allegations of error and injustice on 2 October 2020, and, pursuant to its regulations, determined that the corrective action indicated below should be taken on the available evidence of record.  Documentary material considered by the Board consisted of the enclosures, relevant portions of his naval service records, and applicable statutes, regulations, policies.  
 
3.  The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows:   
 
a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy, and although enclosure (1) was not filed by Petitioner in a timely manner, the Board found it in the interest of justice to waive the statute of limitations and consider his application on its merits. 
 
b. The Petitioner served in the Marine Corps from 7 August 1990 to 1 June 1993, and he earned an honorable discharge upon his release from active duty.  Petitioner contended that he was involved in several engagements in Somalia that would warrant the CAR.  Petitioner’s combat history as listed in his service record indicated that he participated in Operation Restore Hope in Somalia from 2 December 1992 to 4 February 1993.  
 
c. References (c) and (d) list the eligibility requirements for the CAR.  The principal eligibility criterion is, regardless of military occupational specialty or rating, the individual must have rendered satisfactory performance under enemy fire while actively participating in a ground or surface engagement.  Neither service in a combat area, nor being awarded the Purple Heart Medal automatically makes a service member eligible for the CAR. 
 
d. As part of the review process, the Policy and Verification Section, Military Awards Branch at Headquarters Marine Corps (HQMC) provided an advisory opinion (AO) dated 13 February 2020.  After reviewing all of the evidence available and the applicable statues and policies, HQMC concluded that the Petitioner is entitled to the CAR.   
 
CONCLUSION: 
 
Upon review and consideration of all the evidence of record, especially in light of HQMC’s awards verification and the Board’s own independent analysis, the Board determined that Petitioner’s request warrants relief and that he is additionally entitled to the CAR.   
 
In view of the above, the Board directs the following corrective action. 
 
RECOMMENDATION: 
 
That Petitioner be issued a “Correction to DD Form 214, Certificate of Release or Discharge from Active Duty” (DD Form 215) to indicate the entitlement to the following additional decorations, medals, badges, commendations, citations, and/or campaign ribbons in Block 13 of his DD Form 214 with a discharge effective date of 01 June 1993: 
          
1)  Combat Action Ribbon.  

Following the corrections to Petitioner’s DD-214 with a discharge effective date of 01 June 1993 indicating the revised entitlement to Petitioner’s decorations, medals, badges, commendations, citations, and/or campaign ribbons, that all other information currently listed on such DD-214 remain the same. 
 
That a copy of this report of proceedings be filed in Petitioner’s naval record. 
 
That, upon request, the Department of Veterans Affairs be informed that Petitioner's application was received by the Board on 5 November 2019.   
 
4.  It is certified that a quorum was present at the Board’s review and deliberations, and that the foregoing is a true and complete record of the Board’s proceedings in the above entitled matter. 
 
5.  Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulations, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy. 
 
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