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ARMY | BCMR | CY2004 | 20040010177C070208
Original file (20040010177C070208.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        23 August 2005
      DOCKET NUMBER:  AR20040010177


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms.  Prevolia Harper              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Kathleen A. Newman            |     |Chairperson          |
|     |Mr. William D. Powers             |     |Member               |
|     |Ms. Maria J. N. Troup             |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to reflect his
overseas service and the Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states that item 12f (Foreign Service) his DD Form 214
(Certificate of Release or Discharge from Active Duty) does not show his
foreign service.  He further states that he served in Grenada and is
entitled to the AFEM.

3.  The applicant provides:

      a.  A copy of his DD Form 214 with an effective date of 18 May 1984.

      b.  A Letter of Appreciation from the U.S. Military Support Element
Grenada.

      c.  A certificate for award of the Army Commendation Medal, dated
29 December 1983.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 18 May 1984, the date of his release from active duty.  The
application submitted in this case is dated 9 November 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant’s military records show he enlisted in the Regular Army
for a period of 3 years.  He completed the required training and was
awarded military occupational specialty 67T1P (Tactical Transport
Helicopter Repairer) and the highest rank he obtained while serving on
active duty was specialist four.




4.  The applicant’s DA Form 2-1 (Personnel Qualification Record) does
contain an entry showing oversea service.  Item 9 (Awards, Decorations and
Campaigns) shows he was awarded the Army Service Ribbon, the Parachutist
Badge, Army Commendation Medal, the Good Conduct Medal, the Expert
Marksmanship Badge (M-16), and the Hand Grenade Expert Badge.

5.  The applicant provided a copy of a certificate, dated 29 December 1983
which shows he was awarded the Army Commendation Medal for meritorious
achievement in connection with military operations against a hostile force
in Grenada during the period 24 October 1983 through 2 November 1983.  This
certificate shows the applicant was assigned to Company B, 82nd Aviation
Battalion, 82nd Airborne Division.

6.  The applicant provided a Letter of Appreciation from the Commander,
Headquarters, U.S. Military Support Element Grenada, dated 27 January 1984.
 The commander stated that he expressed his sincere gratitude to the
applicant for superior assistance he gave to the 57th Medical Detachment
during January 1984.  Although this letter stated that it would be placed
in the applicant’s Military Personnel Records Jacket (MPRJ), there is no
evidence this letter was placed in his MPRJ.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the
Armed Forces Expeditionary Medal for qualifying service after 1 July 1958
in U.S. military operations, U.S. operations in direct support of the
United Nations, and U.S. operations of assistance for friendly foreign
nations.  Qualifying service for this award includes the requirements to be
a bona fide member in a unit and to be engaged in the operation, or serve
in the area of operations, or be engaged in direct support of the operation
provided this support involves entering the area of operations, being
engaged in combat, participation as a member of an aircraft flying in
support of the operation, or being recommended or attached to a unit
recommended for award of the medal if the above criteria have not been met.
 The designated military operations and dates of eligibility for award of
the Armed Forces Expeditionary Medal are specified in Army Regulation 600-8-
22.  This regulation shows that the Armed Forces Expeditionary Medal was
authorized for participation in Operation Urgent Fury in Grenada during the
period 23 October 1983 to 21 November 1983.  Qualifying service for non-
unit direct support personnel in Grenada is 6 consecutive days or 12 non-
consecutive days.

8.  Army Regulation 635-5 prescribes the separation documents that must be
prepared for soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It establishes standardized policy
for preparing and distributing the DD Form 214.  Chapter 2 contains item by
item preparation instructions for the DD Form 214.  The guidance for
preparation of Item 18 (Remarks) states, in pertinent part, that the
following entry will be entered for active duty soldiers deployed with
their units to a foreign country during the period covered by the DD Form
214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s claim of entitlement to the AFEM-Grenada was carefully
considered and found to have merit.  By regulation, the AFEM was authorized
for service between 23 October 1983 and 21 November 1983, dates inclusive.
The applicant provided a copy of a certificate which shows he was awarded
the Army Commendation Medal for service in Grenada during the period 24
October 1983 through 2 November 1983.  Therefore, it would be appropriate
to add this award to his record and separation document at this time.

2.  The applicant provided a Letter of Appreciation which expressed
gratitude for assistance provided by the applicant to the 57th Medical
Detachment during January 1984 in Grenada.  The AFEM is based on time
served in a qualifying area.  However, without deployment orders or other
documentation showing the total length of the applicant’s deployment to
Grenada, the applicant can only be granted credit for the period from 24
October 1983 to 2 November 1983.  Therefore, his DD Form 214 should be
corrected to reflect his oversea service for this period.

3.  The applicant is advised that if he can provide documentary evidence
that shows the entire period he served in Grenada, he may reapply to the
Board for reconsideration of this issue.

BOARD VOTE:

__KAN __  __WDP     __MJNT _  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that the DD Form 214 for the period ending 18
May 1984 of the individual concerned be corrected by:

      a.  adding the Armed Forces Expeditionary Medal; and


      b.  showing in item 12f 10 days of foreign service.

               “SERVICE IN GRENADA FROM 831024-831102”




                            ___Kathleen A. Newman___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040010177                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050823                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(NC, GRANT , DENY, GRANT PLUS)          |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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