IN THE CASE OF:	  

	BOARD DATE:	
	DOCKET NUMBER:  AR20080001795 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that the already-awarded Combat Infantryman Badge, and any other awards to which he is entitled, be added to his DD Form 214, Certificate of Release or Discharge from Active Duty.

2.  The applicant states, in effect, that he was awarded the Combat Infantryman Badge but it was not included on his DD Form 214 when he was released from active duty.  He adds that he needs this badge to be added to his DD Form 214 so he can join the local Veterans of Foreign Wars Post.

3.  In support of his request, the applicant provided:  a copy of Permanent Orders 220-308 by which he was awarded the Combat Infantryman Badge.

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 records show he enlisted in the Regular Army, on 25 February 1981.  Following completion of basic combat training, he completed advanced individual training and was awarded the primary military occupational specialty 11B, Infantryman.

3.  Item 5 (Overseas Service), of the applicant's DA Form 2-1, Personnel Qualification Record – Part II, shows he served in the Sinai, on TDY (temporary duty), for the period 16 March 1982 through 27 August 1982.  At the time of his service in the Sinai, the applicant was assigned to Company B, 1st Battalion, 505th Infantry Regiment, 82d Airborne Division, as part of the American Task Force Mission.  The applicant's earlier service in Grenada is not show in Item 5 of his DA Form 2-1.

4.  Permanent Orders 216-260, published by Headquarters, 82d Airborne Division, Fort Bragg, show the applicant was awarded the Army Commendation Medal, for the period 25 October 1983 through 2 November 1983, for meritorious achievement, for his participation in the "Grenada Operation."  This award is already shown on the applicant's DD Form 214.  This paragraph and the following paragraph are intended to support the addition of an entry on his DD Form 214 to show his service in Grenada.

5.  Permanent Orders 220-308, published by Headquarters, 82d Airborne Division, Fort Bragg, North Carolina, on 16 December 1983, show the applicant was awarded the Combat Infantryman Badge, for the period 24 October 1983 through 2 November 1983, for his involvement and engagement in active ground combat in the "Grenada Operation."

6.  Item 9 (Awards, Decorations and Campaigns), of the applicant's DA Form 2-1, shows he qualified with the M-16 Rifle on 20 March 1981.  A copy of orders awarding the applicant this marksmanship qualification badge is not on file in his personnel records.

7.  Item 12.f. (Foreign Service), of the applicant's DD Form 214, shows he served 5 months and 12 days foreign service while he served on active duty.  The applicant's service in Grenada was not included in this total.

8.  The DD Form 214 the applicant was issued on his honorable release from active duty, on 24 February 1984, shows in Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he was awarded the Parachutist Badge; the Army Service Ribbon; the Army Commendation Medal; the Army Achievement Medal; the Multinational Force and Observer Medal; the Marksman Marksmanship Qualification Badge; and the Expert Marksmanship Qualification Badge, with Hand Grenade Bar.  No other awards are shown on the applicant's DD Form 214 and it is not specified which weapons system the applicant qualified as marksman with.

9.  A DD Form 215, Correction to DD Form 214, on file in the applicant's personnel record shows the Combat Infantryman Badge was added to his DD Form 214 on 25 September 1984.

10.  A copy of DA Form 2496, Disposition Form, Subject:  Award of the Good Conduct Medal, dated 21 January 1984, shows the applicant was eligible for award of the Good Conduct Medal, for the period 25 February 1981 through DOSOA (Date of Separation on or about) 24 February 1984.  There is no evidence in the applicant's personnel record this action was completed by the approval of or the denial of the Good Conduct Medal to the applicant.

11. Item 27 (Remarks), of the applicant's DA Form 2-1, is absent an entry showing the applicant was denied award of the Good Conduct Medal.  There is an absence of information in the applicant's service personnel record to show he was not qualified for award of the Good Conduct Medal.

12.  Army Regulation 600-8-22 provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  Table 2-2, in this regulation, further shows that Soldiers who participated in Operation Urgent Fury in Grenada, for the period 23 October to 21 November 1983, are qualified for award of the Armed Forces Expeditionary Medal.  This Table also shows that the qualifying period for this award for service in support of Operation Urgent Fury is 6 consecutive days or 12 non-consecutive days.

13.  Army Regulation 600-8-22 provides that the Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency 

and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

14.  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 (Certificate of Release or Discharge from Active Duty).  The edition of this regulation in effect on the date of the applicant's release from active duty specified that, total active duty outside continental limits of the United States for the period covered by the DD Form 214 would be entered in Item 12f.  This regulation specifies that for Item 12 (Record of Service), use extreme care in completing this block since post-service benefits, final pay, retirement credit, and so forth are based on this information.  For Item 12f (Foreign Service), from the DA Form 2-1, enter the total amount of foreign service completed during the period of net active service this period.

15.  Army Regulation 635-5 also specifies that for an active duty Soldier deployed with his or her unit during their continuous period of active service, an entry is required in Item 18, of the DD Form 214, as follows:  “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).” 

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows that the Combat Infantryman Badge the applicant was awarded for his service and engagement in active ground combat in Grenada was added to his DD Form 214, on 25 September 1984.  No further action is required pertinent to this portion of the applicant's request.

2.  The evidence shows the applicant served in Grenada in support of Operation Urgent Fury, for the period 23 October 1983 through 2 November 1983.  He is entitled to correction of Item 12f, of his DD Form 214, to show this additional 11 days foreign service and to a correction of Item 18, of his DD Form 214, to document his deployment to Grenada in support of Operation Urgent Fury.

3.  For his service in support of Operation Urgent Fury, in Grenada, the applicant is entitled to award of the Armed Forces Expeditionary Medal, and to have this award added to his DD Form 214.

4.  The applicant was identified as being eligible for award of the Good Conduct Medal on 21 January 1984.  There is no evidence of indiscipline while he served on active duty.  The applicant was not awarded the Good Conduct Medal, it appears, more as a result of administrative oversight rather than something that he did to disqualify himself from this award.  He is therefore eligible for award of the Good Conduct Medal for the period 25 February 1981 through 24 February 1984 and to have this award added to his DD Form 214.

5.  Item 13, of the applicant's DD Form 214, shows he was awarded the Marksman Marksmanship Qualification Badge; however, the entry does not show which weapons system the applicant qualified as marksman with.  The applicant qualified in the degree of marksman with the M-16 Rifle.  The applicant's DD Form 214 should be corrected to show this award correctly.

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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  awarding the applicant the Good Conduct Medal, for the period 25 February 1981 through 24 February 1984, and adding this award to his DD Form 214; 

	b.  awarding the applicant the Armed Forces Expeditionary Medal for his deployment and service in conjunction with Operation Urgent Fury and adding this award to his DD Form 214; and

	c.  correcting Item 12f, of the applicant's DD Form 214, to show he completed 05 Month(s) and 23 Day(s) foreign service during the period covered by his DD Form 214;

	d.  correcting Item 13, of the applicant's DD Form 214, to show he qualified and earned the Marksman Marksmanship Qualification Badge, with Rifle Bar; and 

	e.  adding the entry, “SERVICE IN OPERATION URGENT FURY (GRENADA) FROM 19831024 – 19831102,” to Item 18, of the applicant's DD Form 214.




       _    ___x____   ___
       CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.



ABCMR Record of Proceedings (cont)                                         AR20080001795





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ABCMR Record of Proceedings (cont)                                         AR20080001795



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