From:  Chairman, Board for Correction of Naval Records 
To:      Secretary of the Navy   
 
Subj:    REVIEW OF NAVAL RECORD OF FORMER (DECEASED) MEMBER  , USMC 
 
Ref:   (a) 10 U.S.C. §1552 
     
Encl:  (1) DD Form 149 with attachments 
       (2) Case summary 
        
1.  Pursuant to the provisions of reference (a), enclosure (1) was filed on behalf of the Subject, hereinafter referred to as Petitioner, with the Board for Correction of Naval Records (Board), requesting that his Certificate of Release or Discharge from Active Duty (DD Form 214) be corrected to reflect his award of the Combat Action Ribbon (CAR). 
 
2.  The Board, consisting of  reviewed Petitioner's allegations of error and injustice on 3 May 2021, and, pursuant to its regulations, determined 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 Subject’s naval service records, and applicable statutes, regulations, and policies.  Additionally, the Board also considered the advisory opinion (AO) furnished by Head of Policy and Verification Section, Military Awards Branch (MMMA-3), Headquarters, United States Marine Corps (HQMC). 
 
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’s representative exhausted all administrative remedies available under existing law and regulations within the Department of the Navy.   
 
     b.  Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits.  
 
     c.  Subject enlisted in the U.S. Marine Corps on 12 January 1942.  On 23 September1944, Subject was wounded in action against enemy forces during World War II (WWII).  On 26 September 1944, Subject succumbed to his injuries.   
 
     d.  As part of the Board’s review, appropriate HQMC (MMMA-3) personnel reviewed Petitioner’s assertion, available records, and applicable statutes and policies, and provided an AO dated 14 April 2021.  The AO states that in-service record reveals Subject is entitled to the CAR for service during WWII.   
 
CONCLUSION:  
 
Upon review and consideration of all the evidence of record, the Board determined Petitioner’s request warrants relief.    
 
The Board determined Subject is entitled to the CAR.   
 
RECOMMENDATION: 
 
In view of the above, the Board directs the following corrective action: 
 
Subject’s next of kin be issued a Correction to DD Form 214, Certificate of Release or Discharge from Active Duty (DD Form 215), to indicate the addition of the CAR in block 26.  
 
No further changes be made to Subject’s record. 
 
A copy of this report of proceedings be filed in Subject’s naval record. 
 
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 Regulation, 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. 
 
5/6/2021
Executive Director