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ARMY | BCMR | CY2007 | 20070000989C071029
Original file (20070000989C071029.doc) Auto-classification: Approved



                            RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        9 August 2007
      DOCKET NUMBER:  AR20070000989


      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.

|     |Ms. Catherine C. Mitrano          |     |Director             |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Jeffrey C. Redmann            |     |Chairperson          |
|     |Ms. Rea M. Nuppenau               |     |Member               |
|     |Mr. Dennis J. Phillips            |     |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, in effect, that his 27 January 1984 separation
document (DD Form 214) and record be corrected to reflect all awards to
which he is entitled and his service in the United States Army Reserve
(USAR) from January 1984 to December 1988.

2.  The applicant states, in effect, he served in Grenada from 24 October
1983 through 13 December 1983.  He also states he attained the status of
Master Parachutist and received the Army Good Conduct Medal (AGCM), Army
Commendation Medal (ARCOM) and other unit awards, which are not reflected
on his DD Form 214.  He also states his service in the Individual Ready
Reserve (IRR) from 29 January 1984 through 6 December 1988 is also not
reflected on his DD Form 214.

3.  The applicant provides no additional documentary evidence with his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 27 January 1984, the date of his release from active duty
(REFRAD).  The application submitted in this case is dated 9 January 2007.


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 record shows that he enlisted in the USAR Delayed Entry
Program (DEP) on 5 November 1976.  On 20 June 1977, he was discharged from
the DEP and on 21 June 1977, he enlisted in the Regular Army and entered
active duty.  He was trained in, awarded and served in military
occupational specialty (MOS) 75E (Personnel Actions Specialist), and
specialist four is the highest rank he attained while serving on active
duty.  On 29 January 1981, he reenlisted in the RA for 3 years.  His record
documents no overseas service and contains no entries for awards or service
in Grenada.

4.  The applicant's Military Personnel Records Jacket (MPRJ) contains
Headquarters, 82nd Airborne Division Permanent Orders Number 76-22, dated
22 April 1981, which awarded the applicant the Senior Parachutist Badge.

5.  The applicant's MPRJ is void of any orders or other documents related
to service in Grenada and/or to Grenada related or other types of awards or
decorations.  His MPRJ does contain a Disposition Form (DA Form 2496)
signed by his unit commander on 25 April 1983, which disqualified him from
receiving the AGCM for the period 21 June 1980 through June 1983 based his
receipt of
2 Article 15s during this period.

6.  On 27 January 1984, the applicant was honorably released from active
duty (REFRAD) and transferred to the USAR Control Group (Reinforcement) or
IRR after completing a total of 6 years, 7 days and 7 days of active
military service and 7 months and 16 days of inactive military service.

7.  The separation document issued to the applicant contains an entry in
Item 12f (Foreign Service) that shows he completed no overseas service
during the period covered by the DD Form 214.  Item 13 (Decorations,
Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows
he earned the following awards during his active duty tenure:  Parachutist
Badge; Army Service Ribbon (ASR); Army Achievement Medal (AAM); Army Good
Conduct Medal (AGCM); Army Service Ribbon (ASR) Noncommissioned Officer
Professional Development Ribbon (NCOPDR), and Expert Marksmanship
Qualification Badge with Rifle and Grenade Bars.  The applicant
authenticated this document with his signature in Item 21 (Signature of
Member Being Separated) on the date of his REFRAD.

8.  On 28 January 1984, the applicant reenlisted in the USAR for 3 years
and on 26 January 1989, he was honorably discharged from the USAR.

9.  Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards
policy.  Paragraph 2-12 contains guidance on award of the Armed Forces
Expeditionary Medal (AFEM).  It states, in pertinent part, that this award
was authorized for Grenada (Operation Urgent Fury) for the period 23
October through 21 November 1983, and that the qualifying criteria for non-
unit direct support personnel in Grenada was 6 consecutive days or 12 non-
consecutive days.

10.  Army Regulation 635-5 (Separation Documents) 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 also establishes standardized policy for preparing and
distributing the DD Form 214. The regulation states that the DD Form 214 is
a summary of a Soldier's most recent period of continuous active duty.  It
provides a brief, clear-cut record of active duty service at the time of
release from active duty, retirement, or discharge.  The regulation
provides no provisions for amending a separation document to add USAR
service completed subsequent to the effective date of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record documents no overseas service, or more
specifically service in Grenada, and the applicant provides no independent
evidence confirming he served in Grenada.  As a result, there is
insufficient evidence to document overseas service in Grenada in his record
or on his DD Form 214.

2.  By regulation, a DD Form 214 is a summary of a Soldier's most recent
period of continuous active duty.  It provides a brief, clear-cut record of
active duty service at the time of REFRAD, retirement, or discharge.  There
are no regulatory provisions that provide for amendment of a DD Form 214 to
document USAR service completed subsequent to the effective date of the
separation document.

3.  In this case, the applicant's USAR service subsequent to his REFRAD is
properly document in his record; however, an amendment of the DD Form 214
he was issued on 27 January 1984, to add USAR service he completed
subsequent to his REFRAD is not appropriate.  Therefore, there is an
insufficient evidentiary basis to support granting this portion of the
requested relief.

4.  The applicant's MPRJ does include orders awarding him the Senior
Parachutist Badge, effective 23 April 1981.  Therefore, it would be
appropriate to add this award to Item 13 of his DD Form 214.  However,
there are no orders or other documents on file in the MPRJ that show he
earned any Grenada related awards or any other awards or decorations while
serving on active duty.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___JCR _  __RMN__  __DJP __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___        _  __          _  __         __  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial 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 amending Item 13 of his
27 January 1984 DD Form 214 by adding the Senior Parachutist Badge; and by
providing him a correction to his separation document that includes this
change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
documenting Grenada service, IRR service and/or additional awards and
decorations on his 27 January 1984 DD Form 214.




                            _____Jeffrey C. Redmann___
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20070000989                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/08/09                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1989/01/26                              |
|DISCHARGE AUTHORITY     |AR 135-178                              |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Ms. Mitrano                             |
|ISSUES         1.1021   |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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