RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  22 March 2007
	DOCKET NUMBER:  AR20060013569 


	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.


x
	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 that his report of separation (DD Form 214) be corrected to reflect his award of the Armed Forces Expeditionary Medal (AFEM) and his completion of the officer basic and advanced course, the Nuclear, Biological, Chemical (NBC) course and the Rotary Wing course. 

2.  The applicant states that he was awarded the AFEM for his participation in Operation Urgent Fury and that he completed the officer basic and advanced courses, the NBC course and the Rotary Wing course; however, they were all omitted from his DD Form 214 at the time of separation.  

3.  The applicant provides a copy of his DD Form 214. 

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which occurred on 14 December 1984.  The application submitted in this case is dated 11 September 2006.

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.  He was commissioned as a United States Army Reserve (USAR) second lieutenant on 11 September 1976 and was detailed as a field artillery branch officer.  He was ordered to active duty on 26 September 1976 and completed the 10- week field artillery officer basic course (FAOBC) at Fort Sill, Oklahoma in December 1976.

4.  In April 1977, he was transferred to Turkey and while assigned to Turkey, attended a 2-week NBC Defense Officer course in 7th Army in 1977.  He completed his 1-year tour in Turkey and was transferred to Fort Belvoir, Virginia, where he remained until he was honorably released from active duty (REFRAD) on 26 September 1978.  He had served 2 years of total active service and was transferred to the USAR Control Group (Standby).

5.  He was promoted to the rank of first lieutenant on 10 September 1979 and was ordered to active duty on 11 February 1981, to attend the officer rotary wing aviator course (ORWAC) for a period of 34 weeks.  He completed the course at the United Stated Army Aviation Center (USAAVNC) Fort Rucker, Alabama in October 1981 and was REFRAD on 19 October 1981, when he was returned to his USAR unit in Pennsylvania.

6.  On 1 February 1982, he was ordered to active duty for training (ADT) at Fort Sill to attend the 11-week field artillery officer advance course (FAOAC).  He completed the FAOAC in April 1982 and a 4-week Nuclear and Chemical Target Analysis (NCTA) course in May 1982 and was released from ADT on 27 May 1982, at which time he returned to his USAR unit.

7.  On 5 October 1982, he was ordered to active duty and attended and completed the 4-week UH-60A qualification course at the USAAVNC in October 1982 and the 3-week basic airborne course at Fort Benning, Georgia in December 1982, before being transferred to Fort Bragg, North Carolina for assignment to the 82nd Combat Aviation Battalion as an aviation section leader.

8.  The applicant deployed to Grenada in support of Operation Urgent Fury during the period of 26 October 1983 to 5 November 1983.  He was promoted to the rank of captain on 1 March 1984.

9.  On 14 December 1984, he was honorably released from active duty and was transferred to the USAR Control Group (Standby).  His DD Form 214 issued at the time of his REFRAD indicates that he was awarded the Army Commendation Medal, the Air Medal, the Army Service Ribbon, the Army Aviator Badge, the Parachutist Badge and various marksmanship badges.  His DD Form 214 also shows in item 14 that he completed the Basic Airborne Qualification Course and the UH60 Qualification Course.  He had served 2 years, 2 months and 10 days of active service during his current enlistment and was transferred to the USAR Control Group (Standby).

10.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal (AFEM) for qualifying service after 1 July 1958 in U.S. military operations.  The designated dates of Operation Urgent Fury – The Invasion of Grenada, are from 23 October to 21 November 1983.  The qualifying criteria for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.   


  
DISCUSSION AND CONCLUSIONS:

1.  The evidence of record does establish that the applicant was entitled to the award of the AFEM for his participation in Operation Urgent Fury.  Accordingly, his records should be corrected at this time to show that award.   

2.  The evidence of record also shows that he completed the 10-week FAOBC in December 1986, the 2-week NBC Defense Officer Course in 7th Army (USAREUR) in 1977, the 34-week ORWAC at Fort Rucker in October 1981, the 11-week FAOAC at Fort Sill in April 1982 and the 4-week NCTA Course at Fort Sill in May 1982.  Accordingly, he is entitled to have those courses entered on his DD Form 214 in block 14, under military education.  

3. Records show the applicant should have discovered the alleged error or injustice now under consideration on 14 December 1984; therefore, the time for the applicant to file a request for correction of any error or injustice expired on 13 December 1987.  The applicant did not file within the 3-year statute of limitations; however, based on the available evidence, it would be in the interest of justice to excuse failure to timely file in this case.

BOARD VOTE:

___x  ___x  __x__  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 all Department of the Army records of the individual concerned be corrected by showing that he was awarded the AFEM and that he completed the 10-week FAOBC in December 1986, the 2-week NBC Defense Officer Course in 7th Army (USAREUR) in 1977, the 34-week ORWAC at Fort Rucker in October 1981, the 11-week FAOAC at Fort Sill in April 1982 and the   4-week NCTA Course at Fort Sill in May 1982.






____x_____
          CHAIRPERSON




INDEX

CASE ID
AR20060013569
SUFFIX

RECON

DATE BOARDED
20070322
TYPE OF DISCHARGE

DATE OF DISCHARGE

DISCHARGE AUTHORITY
AR . . . . .  
DISCHARGE REASON

BOARD DECISION
(GRANT)
REVIEW AUTHORITY

ISSUES         1.110.0000
189/CORR 214
2.

3.

4.

5.

6.