APPLICANT REQUESTS: That his military records be corrected to reflect his participation in the invasion of Grenada in October and November 1983 and that he be awarded all authorized awards to which he is entitled. He states that his participation in Operation Urgent Fury and authorization for awards were omitted from his separation document (DD Form 214) at the time of his discharge.
PURPOSE: To determine whether the application was submitted within the time limit established by law, and if not, whether it is in the interest of justice to excuse the failure to timely file.
EVIDENCE OF RECORD: The applicant's military records show:
The applicant enlisted on 25 August 1981 for a period of 4 years. He successfully completed his training as a radio operator and then attended airborne training at Fort Benning, Georgia.
Upon completion of his airborne training he was transferred to the 82d Airborne Division at Fort Bragg, North Carolina, where he remained until he was discharged under honorable conditions on 19 January 1984, under the provisions of Army Regulation 635-200, chapter 13, for unsatisfactory performance. He had served 2 years, 4 months, and 25 days of total active service.
His DD Form 214 indicates that he performed no overseas service and was authorized the Army Service Ribbon, the Parachutist Badge, and the Expert Marksman Badge with rifle and grenade bars.
There is no indication in the applicants Official Military Personnel File, nor has the applicant provided evidence to show that he participated in Operation Urgent Fury or was awarded any decorations or awards other than those indicated on his DD Form 214.
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. Failure to file within 3 years may be excused by a correction board if it finds it would be in the interest of justice to do so.
DISCUSSION: The alleged error or injustice was, or with reasonable diligence should have been discovered on 19 January 1984, the date of discharge. The time for the applicant to file a request for correction of any error or injustice expired on 19 January 1987.
The application is dated 1 July 1992 and the applicant has not explained or otherwise satisfactorily demonstrated by competent evidence that it would be in the interest of justice to excuse the failure to apply within the time allotted.
DETERMINATION: The subject application was not submitted within the time required. The applicant has not presented and the records do not contain sufficient justification to conclude that it would be in the interest of justice to grant the relief requested or to excuse the failure to file within the time prescribed by law.
BOARD VOTE:
EXCUSE FAILURE TO TIMELY FILE
GRANT FORMAL HEARING
CONCUR WITH DETERMINATION
David R. Kinneer
Executive Secretary
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