IN THE CASE OF:	  

		BOARD DATE:	  11 December 2008

		DOCKET NUMBER:  AR20080014960 


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 Armed Forces Expeditionary Medal (AFEM) and his infantry specialty training be added to his final separation document (DD Form 214) effective 30 September 1996.

2.  The applicant states, in effect, the AFEM he earned for service in Grenada and his infantry specialty training are not included on his final DD Form 214, and as a result he being denied veterans preference for Federal employment.

3.  The applicant provides no documentary evidence 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 that he initially enlisted in the Regular Army and entered active duty on 20 September 1974.  He successfully completed basic combat training at Fort Knox, Kentucky, and advanced individual training (AIT) at Fort Polk, Louisiana.  Upon completion of AIT, he was awarded military occupational specialty (MOS) 11B (Light Weapons Infantryman).

3.  On 27 March 1978, the applicant was honorably discharged for the purpose of immediate reenlistment and was issued a DD Form 214.  Item 16a (Primary Specialty) shows he held and had served in MOS 11B since 2 February 1975.

4.  On 28 March 1978, the applicant reenlisted for training in MOS 75D (Personnel Records Specialist).  He completed the Personnel Records Specialist course at Fort Jackson, South Carolina, in 1978 and was awarded MOS 75D.  In 1987, upon his promotion to sergeant first class he was awarded the career progression MOS 75Z (Personnel Senior Sergeant) which is the MOS he held throughout the remainder of his career.

5.  Item 5 (Overseas Service) of the applicant’s Personnel Qualification Record (DA Form 2-1) confirms he served in Grenada for 5 months from 6 January through 11 June 1985.

6.  On 30 September 1996, the applicant was honorably separated for the purpose of retirement after completing a total of 22 years and 11 days of active military service.  The DD Form 214 he was issued at the time shows he held MOS 75Z for 9 years and 1 month in item 11 (Primary Specialty).  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards:  Meritorious Service Medal, Army Commendation Medal (5th Award), Army Achievement Medal, Army Good Conduct Medal (7th Award), National Defense Service Medal (NDSM), Noncommissioned Officer Professional Development Ribbon with Numeral 3, Army Service Ribbon, Overseas Service Ribbon (3rd Award), Parachutist Badge, and Army Staff Identification Badge.

7.  Item 14 (Military Education) of the applicant’s 30 September 1996 DD Form 214 shows he completed the following military education courses in the years indicated during the period covered by the separation document:  Personnel Records Specialist, 1978; Standard Installation/Division Personnel System/Mililtary Personnel Office, 1979; Personnel Administration Center, 1982; Field Sanitation Team Training, 1982; Personnel Senior Sergeant, 1983; Basic Supervisor Development, 1984; Basic Noncommissioned Officer (NCO) Course, 1985; Advanced NCO Course, 1989; Effective Writing Techniques, 1988; BSEP II, 1988; Security Manager, 1990; Security Management, 1991; PCSCMTRAM, 1992; and Manpower and Force Management, 1993.
8.  Army Regulation 600-8-22 (Military Awards) contains the Army’s awards policy.  Paragraph 2-12 contains guidance on award of the AFEM.  It states, in pertinent part, that it is awarded for participation in identified operations.  The AFEM was authorized for service in Grenada and participation in Operation Urgent Fury for 6 consecutive or 12 non-consecutive days during the period 23 October to 21 November 1983.  The AFEM was not authorized for service in Grenada during any other period.

9.  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.  It states, in pertinent part, that a DD Form 214 will be prepared to document a period of active duty service for which a DD Form 214 was not previously issued.

10.  Chapter 2 of the separation documents regulation contains item-by-item preparation instructions.  The instructions for item 14 state to list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by the DD Form 214.  It further states that the information in item 14 is to assist the Soldier in job placement and counseling; therefore, combat skills training courses will not be listed.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that his final DD Form 214 should include the AFEM in item 13 based on his service in Grenada and should list his 11B specialty and school information was carefully considered.  However, there is insufficient evidence to support this claim.

2.  The applicant’s record confirms that he served in Grenada for 5 months in 1985.  It fails to document any Grenada service during Operation Urgent Fury in 1983.  As a result, there is no evidence of record confirming he served in Grenada during the period for which the AFEM was authorized.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.

3.  The evidence of record also shows that the applicant was issued a DD Form 214 for his period of active duty service between 20 September 1974 and 27 March 1978 and that his service in MOS 11B is properly documented on this separation document.

4.  By regulation, the entries in item 11 and item 14 of the applicant’s final DD Form 214 should document matters that occurred during the period for which a previous DD Form 214 was not issued.  In addition, combat skills training courses are not entered on the DD Form 214.  Therefore, there is an insufficient evidentiary basis to support adding his 11B specialty or training to this separation document.  A copy of his first DD Form 214 is being included with this decision document for his use.

5.  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)                                         AR20080014960



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ABCMR Record of Proceedings (cont)                                         AR20080014960



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