RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  14 November 2007
	DOCKET NUMBER:  AR20070007256 


	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

Ms Antoinette Farley

Analyst

The following members, a quorum, were present:


Ms. Linda D. Simmons

Chairperson

Ms. Carmen Duncan

Member

Mr. Qawiy A. Sabree

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 record show award of a "Gold Star." 

2.  The applicant states, in effect, that he served with Company C, 2nd Battalion of the 75th Infantry as an "11 Charlie Gunner and a Mortarman" at the time he was deployed to Grenada.  The applicant continues that his unit parachuted into Grenada either under/or at 500 feet and is entitled to receive credit for his participation in the jump.  The applicant further continues that he also received award of the Combat Infantryman Badge and the Army Commendation Medal for his participation in the Grenada mission.     

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 2 March 1984 in support of this application.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.   The applicant's service records are incomplete; however, his record shows that he enlisted in the Regular Army on 3 March 1981.  He completed basic combat training and advanced individual training and was awarded military occupational specialty (MOS) 11C (Indirect Fire Infantryman).  

3.  On 2 March 1984, the applicant was honorably released from active duty and transferred to the United States Army Reserve Control Group (Reinforcement).  The applicant's record shows that he completed 3 years of total active service.  The highest rank the applicant held was specialist four/pay grade E-4.



4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Parachutist Badge with bronze service star.  Item 18 (Remarks) of the applicant's DD Form 214 does not show he served in Grenada in support of Operation Urgent Fury during the period 23 October 1983 through 21 November 1983.

5.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record- Part II) does not show he served in Grenada during the period 23 October 1983 through 21 November 1983.  Item 5 also shows the applicant served overseas in Alaska during the period 10 July 1981 through 9 January 1983.

6.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form
2-1 shows the applicant was not awarded the Parachutist Badge with bronze service star.

7.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows the applicant was assigned to Headquarters and Headquarters Command, 2nd Battalion of the 75th Infantry (Rangers), during the period 25 January 1983 through 23 July 1983.

8.  The applicant's record contains Headquarters, I Corps, Fort Lewis, WA Permanent Orders 221-11, dated 17 November 1983, which shows he was authorized award of the Combat Infantryman Badge for satisfactory performance in active ground combat while attached to Company C, 2nd Battalion (Ranger) of the 75th Infantry, Fort Lewis, Washington, during the period 22 October 1983 through 28 October 1983.  

9.  The applicant's record contains Headquarters, I Corps and Fort Lewis, WA Orders 233-154, dated 28 November 1983 which shows effective 17 January 1983, the applicant performed hazardous parachute duty.  The applicant's orders also shows he was assigned to Company C, 2nd Battalion of the 75th Infantry.

10.  The applicant's record contains Headquarters, I Corps and Fort Lewis, WA Permanent Orders 6-24, dated 11 January 1984, which shows he was authorized award of the Army Commendation Medal for meritorious achievement during the period 25 October 1983 through 28 October 1983.  The applicant's orders also show that he was assigned to Company C, 2nd Battalion of the 75th Infantry.


11.  The Military Awards regulation (Army Regulation 600-8-22) does not show the “Gold Star” as an authorized award.  However, this regulation does show in paragraph 8-10g that a bronze service star is authorized to be worn on the parachutist badge to denote a Soldier's participation in a combat parachute jump as an authorized award.  

12.  Army Regulation 600-8-22 (Military Awards), in pertinent part, sets forth requirements for award of the basic Parachutist Badge.  Paragraph 8-10g states that a bronze service star is authorized to be worn on the parachutist badge to denote a Soldier's participation in a combat parachute jump and that orders are required to confirm award of these badges.  The regulation also states that credit for a combat parachute jump is related directly to credit for a combat assault landing for the unit to which the Soldier is assigned at the time of the assault.  The regulation specifically requires that the unit must be credited with a combat assault in order for the Soldiers to receive the parachutist badge with the bronze service star affixed and that each Soldier must physically exit the aircraft to receive combat assault credit and the parachutist badge with bronze service star.

13.  Army Regulation 670-1 (Uniforms and Insignia), in effect at the time, governs the requirements for the Overseas Service Bar.  In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message.  There are special provisions regarding authorization for the Overseas Service Bar for service in a hostile fire zone and for combining service to calculate award of the bars.

14.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

15.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) shows the unit awards received by units serving in Grenada.  Department of the Army Pamphlet 672-3 shows the unit, to which the applicant was assigned, was cited for award of the Valorous Unit Award for actions during the period 25 October 1983 through 28 October 1983, based on Department of the Army General Orders Number (DAGO) 31, dated 1984.





16.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) also shows the unit to which the applicant was assigned was cited for award of Others:  (A) Vicinity of Point Salinas, Grenada, 0635-1300 hrs., inclusive, 25 October, based on Department of the Army General Orders Number 33, 1984.  Eligible personnel must provide evidence of participation in an assault landing.

17.  Army Regulation 600-8-22 (Military Awards) 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.

18.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for the "arrowhead" to be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The regulation specifies that individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The regulation requires that the unit must be credited with a combat assault in order for the Soldiers to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  The regulation also specifies that the arrowhead is authorized for wear on the Asiatic-Pacific Campaign Medal, the European-African-Middle Eastern Campaign Medal, the Korean Service Medal, the Vietnam Service Medal, and the Armed Forces Expeditionary Medal.



DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request for correction of his records to show a “Gold Star” is noted.  However, the Military Awards regulation does not list a “Gold Star” as an authorized award.  Therefore, there is no basis for issuing this award.

2.  Evidence of record shows the applicant was attached to Company C, 2nd Battalion (Ranger) of the 75th Infantry, during the period 22 October 1983 through 28 October 1983.  Evidence of record further shows that the applicant was awarded the Combat Infantryman Badge for satisfactory performance in active ground combat, the Army Commendation Medal for meritorious achievement, and received hazardous pay for performing hazardous parachute duty during the period 25 January 1983 through 23 July 1983.  The applicant's record also shows he was awarded the Parachute Badge in 1981.

3.  Orders show the applicant's unit was entitled to Grenada Campaign Participation Credit for participation in the airborne assault in the vicinity of Point Salinas, Grenada, between the hours of 0635 and 1300, inclusive, 25 October 1983.  Therefore, he is eligible for award of one bronze service star to be affixed to his Basic Parachute Badge and to have this award shown on his DD Form 214.

4.  Orders show the applicant's unit was assigned to a unit during a period of time that it was awarded the Valorous Unit Award.  Therefore, he is entitled to correction of his DD Form 214 to show this unit award.

5.  Orders show the applicant deployed to Grenada in support of Operation Urgent Fury in Grenada during the period 22 October 1983 to 28 October 1983.  Qualifying service for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.  Therefore, the applicant is entitled to correction of his DD Form 214 to show award of the Armed Forces Expeditionary Medal with arrowhead.  

6.  Evidence shows that the applicant’s records contain administrative error which does not require action by the Board.  Therefore, administrative correction of the applicant’s records will be accomplished by the Case Management Support Division (CMSD), St. Louis, Missouri, as outlined by the Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section below.



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

___LDS _  __CD ___  _QAS ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned to award the Gold Star.

2.  The Board determined that administrative error in the records of the individual should be corrected.  Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of the individual concerned to show award of one bronze service star to be affixed to the Parachutist Badge, the Valorous Unit Award, and the Armed Forces Expeditionary Medal with arrowhead.




	_____Linda D. Simmons___
          		CHAIRPERSON




INDEX

CASE ID
AR20070007256
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
YYYYMMDD
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.