IN THE CASE OF:	  

	BOARD DATE:	  19 June 2008

	DOCKET NUMBER:  AR20080002375 


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, award of the Urgent Fury Ribbon, Jungle Expert Patch, and Cold Weather Patch.

2.  The applicant states, in effect, that he believes he is entitled to the Urgent Fury Ribbon, for his participation in Operation Urgent Fury, while assigned to 
B Company, 307th Medical Battalion.  He states that although he was not deployed to the Island Country of Grenada during Operation Urgent Fury, he along with the rest of the company and many other service members in and around Fort Bragg and Pope Air Force Base were instrumental in making the mission a success.  He also states that he believes he is entitled to the Jungle Training and Cold Weather Patches, based on his participation in a jungle training exercise in Panama, and in Cold Weather training at Camp Ripley, Minnesota.  He further states that he is now requesting that his separation document (DD Form 214) be corrected to show these items.  

3.  The applicant provides a self-authored statement and his DD Form 214 in support of his 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 record shows he enlisted into the Regular Army and entered active duty on 10 November 1982, and he was trained in and awarded military occupational specialty (MOS) 91B (Medical Specialist).  

3.  The applicant’s Personnel Qualification Record (DA Form 2-1) shows, in Item 9 (Awards, Decorations & Campaigns), that he earned the following awards during his tenure on active duty:  Army Service Ribbon; Parachutist Badge; Army Achievement Medal; Noncommissioned Officer Professional Development Ribbon; Driver Badge with Wheel Bar; and Expert Marksmanship Qualification Badge with Rifle and Hand Grenade Bars.  Item 17 (Civilian Education and Military Schools) shows he completed a 10-week medical specialist course in 1983, the 3-week basic airborne course in 1983, and the 4-week primary leadership development course (PLDC) in 1984.  There are no entries for jungle expert or cold weather training in Item 17.  

4.  The applicant's Official Military Personnel File (OMPF) is void of any orders or other documents that indicate he participated in support of Operation Urgent Fury (Grenada).  It is also void of any orders or other documents that indicate he ever attended or completed jungle expert and/or cold weather training courses.  

5.  On 9 November 1985, the applicant was honorably released from active duty (REFRAD) after completing 3 years of active military service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the DD Form 214 he was issued shows he earned the following awards during his active duty tenure:  Army Good Conduct Medal; Army Achievement Medal; Joint Service Achievement Medal; Parachutist Badge; Honduran Parachutist Badge; Army Service Ribbon; Noncommissioned Officer Professional Development Ribbon; Driver Badge with Wheel Bar; and Expert Marksmanship Badge with Rifle and Hand Grenade Bars.  
6.  Item 14 (Military Education) of the applicant's 9 November 1985 DD Form 214 lists the PLDC, medical specialist course, and battalion training management systems course.  Item 14 contains no entries for the jungle expert or cold weather training courses.  The applicant authenticated this document with his signature in Item 32 (Signature of Person Being Transferred or Discharged) on the date of his REFRAD.  

7.  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 also establishes standardized policy for preparing and distributing the DD Form 214.  
Paragraph 2-4 of the separation documents regulation contains item-by-item instructions for completing the DD Form 214.  

8.  The separation documents regulation for entries in Item 13 of the 
DD Form 214 state to enter all awards earned during all periods of service.  However, there are no provisions for adding brigade and unit level awards, such as the Jungle Expert Patch and Cold Weather Patch, which are not governed by this regulation, on the DD Form 214.  Recondo, Raider and Jungle Warfare and Cold Weather Training Courses are conducted by brigade and division level units throughout the Army as local training courses in combat skills.  The badges awarded upon completion of these course's are awarded in accordance with local policies governing these training courses.  These badges are not governed by the Department of the Army awards regulation and, as a result, they are not annotated on the DD Form 214.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-12 of the awards regulation contains guidance on the Armed Forces Expeditionary Medal (AFEM). It provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  It states, in pertinent part, the AFEM is authorized for service in Grenada in support of Operation Urgent Fury for the period 23 October through 
21 November 1983.  A qualifying period for non-unit direct support personnel in support of Operation Urgent Fury is 6 consecutive days or 12 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that he should receive the AFEM for his service in support in Operation Urgent Fury (Grenada) was carefully considered.  However, his record is void of any orders or other documents confirming his participation in support of Operation Urgent Fury.  Therefore, there is insufficient evidence to support award of the AFEM requested.  
2.  The applicant's contention that the Jungle Expert Patch and the Cold Weather Patch should be added to his separation document based on his completion of these training courses was also carefully considered.  However, his record is void of any documents confirming his attendance at or completion of these courses.  Furthermore, these patches are awarded in accordance with local policies governing the training courses, and are not governed by the Army's awards regulation.  Therefore, even if he received these patches, they would not be authorized to be annotated on the DD Form 214.  

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

____x ___  ___x____  ___x____  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




       _   __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)                                         AR20080002375



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ABCMR Record of Proceedings (cont)                                         AR20080002375


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