DOCKET NUMBER:  AR20090000475 


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, correction to her husband's (a deceased former service member (FSM)) DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Grenada and award of the Armed Forces Expeditionary Medal and the Purple Heart.  She also requests, in effect, correction to the social security number shown on his DD Form 214.

2.  The applicant states, in effect, that the FSM's DD Form 214 does not reflect his correct social security number, his service in Grenada, the Armed Forces Expeditionary Medal for Grenada, and the Purple Heart.  She also states that the FSM's Physical Evaluation Board (PEB) proceedings indicate he was wounded during his deployment in Grenada.

3.  In support of her application, the applicant provides copies of the FSM's Medical Record Narrative Summary, his Medical Record Report, his DD Form 214, his death certificate, and her appointment as the executor of his estate.

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 FSM's military records show he enlisted in the United States Army Reserve Delayed Entry Program on 29 October 1981.  He enlisted in the Regular Army in pay grade E-1 on 13 July 1982.  He completed basic and advanced training and was awarded military occupational specialty 95B, Military Police.

3.  The FSM's Personnel Qualification Record – Part II, item 5 (Oversea Service), does not contain an entry.

4.  A Report of Investigation, dated 4 December 1984, shows that on 28 October 1983 while deployed to Grenada in support of Operation Urgent Fury, the FSM's .45 caliber pistol accidentally discharged while unloading his gear from a troop carrier and he was wounded in the right forearm.  His injury was determined to be in the line of duty.

5.  The FSM's records contain, and the applicant submits, a copy, of the FSM's Medical Record – Narrative Summary.  This summary, dated 2 November 1983, stated the FSM, in effect, sustained a .45 caliber gunshot wound to his right dominant forearm on 28 October 1983 while stationed in Grenada.  He was medically evacuated to the U.S.S. Guam and was transferred to Brooke Army Medical Center, Fort Sam Houston, Texas, on 2 November 1983.

6.  On 21 May 1984, a formal PEB convened and considered the FSM's disabilities of decreased range of motion of the right elbow, dominant arm; ulnar nerve palsy, incomplete paralysis, moderate; and an open wound on his right forearm, residual of split thickness skin graft.  The PEB found the FSM physically unfit and recommended a combined rating of 60 percent and placement on the Temporary Disability Retired List (TDRL).  The FSM stated in the proceedings that he and his unit had debarked off the aircraft and their equipment was on top of what's known at Fort Bragg as Gamma Goats.  He reached on top of the Gamma Goat to draw down his weapon and the weapon discharged down into the bottom of the holster into his forearm.

7.  On 21 May 1984, the FSM concurred with the findings and recommendation of the PEB.

8.  The FSM was honorably separated for the purpose of retirement in the rank and pay grade of specialist four/E-4 on 25 February 1985 for temporary physical disability, and placed on the TDRL.  He was credited with 2 years, 7 months, and 13 days of net active service.

9.  Entries on the FSM's DD Form 214, item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), list the following awards:  the Army Good Conduct Medal, the Parachutist Badge, the Army Service Ribbon, the Expert Marksmanship Qualification Badge, with Rifle Bar (M16), the Expert Marksmanship Qualification Badge with Grenade Bar, and the Sharpshooter Marksmanship Qualification Badge with .45 Caliber Pistol Bar.  The Armed Forces Expeditionary Medal and the Purple Heart are not shown.

10.  The DD Form 214 issued to the FSM shows no foreign service in item 12f (Foreign Service).

11.  There are no orders in the FSM's service personnel records that show he was awarded the Purple Heart.

12.  The FSM's records show that on 1 April 1985 he was issued a DD Form 215 (Correction to DD Form 214) correcting the social security number on his DD Form 214 for the period ending 25 February 1985.  It appears that the DD Form 215 was forwarded at that time to his permanent address for mailing given on his original DD Form 214 in Bristol, New Hampshire.  Therefore, this issue will not be discussed further in this Record of Proceedings.

13.  The FSM's records contain, and the applicant submits, a copy of the FSM's Medical Record Report.  This report, dictated on 8 December 1987, stated the FSM was undergoing a second evaluation in relation to a gunshot wound to his right elbow area.  The reported also stated the FSM sustained a gunshot wound while on an operation in Grenada.

14.  On 30 March 1988, a formal PEB convened and considered the FSM's disabilities of limitation of motion to his right elbow, secondary to fracture; flexion contracture of right ring and small fingers; and ulnar nerve neuropraxia manifested by persistent numbness to right ring and little finger.  The PEB found the FSM physically unfit and recommended a combined rating of 50 percent and permanent retirement.

15.  On 2 May 1988, the FSM was advised that he would be removed from the TDRL on 16 May 1988.  He was removed from the TDRL and permanently retired on 17 May 1988.

16.  The FSM passed away on 15 April 2000.  On 25 July 2000, the applicant was granted full power as executor of his estate.
17.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the policies and procedures regarding separation documents.  The regulation specified that a DD Form 214 will be prepared for individuals who are retired, discharged, or released from active duty.  Foreign service completed, for the period covered by the DD Form 214, will be shown.  Foreign service performed during the period covered by the DD Form 214 will be entered in item 12f.  There are no provisions in that version of the regulation for showing the name of the country to which an individual was deployed and the service dates.

18.  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 of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations or for 60 non-consecutive days provided this support involved entering the area of operations; or be engaged in actual ground combat during the operation; or accumulate 15 days of service while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation.  The Armed Forces Expeditionary Medal may be awarded to members of the Armed Forces of the United States who are wounded or injured and required medical evacuation from the area of eligibility while participating in the operation, regardless of time.  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.

19.  Army Regulation 600-8-22 also provides, in pertinent part, that the Purple Heart is awarded for a wound sustained as a result of hostile action.  Substantiating evidence must be provided to verify that the wound was the result of hostile action, the wound must have required treatment, and the medical treatment must have been made a matter of official record.  

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the FSM was serving in Grenada on 28 October 1983, was injured and treated on the U.S.S. Guam, and was medically evacuated on 2 November 1983 to Fort Sam Houston, Texas.  From the FSM's statement to the PEB it appears he had arrived in Grenada on the date of his injury, 28 October 1983.  Based on the evidence, it appears the FSM served in Grenada from approximately 28 October to 2 November 1983, a period of 5 days.  Therefore, the applicant is entitled to correction to the FSM's DD Form 214, item 12f to show a credit of 5 days foreign service time.  Correction to item 12f does not require any adjustment to the other blocks in item 12 (Statement of Service).

2.  The evidence of record shows the FSM was injured and his injury required that he be medically evacuated from Grenada thereby meeting the criteria for award of the Armed Forces Expeditionary Medal during his period of service in Grenada from 28 October through 2 November 1983.  Therefore, there is sufficient evidence on which to base an award of the Armed Forces Expeditionary Medal and its addition to his DD Form 214.

3.  The applicant's request for award of the Purple Heart to the FSM and the supporting evidence provided were carefully considered.  However, by regulation, to be awarded the Purple Heart it is necessary to establish that a Soldier was wounded or injured as a direct result of or was caused by enemy action.  While the FSM sustained an injury on 28 October 1983, the evidence shows the injury was not as a result of hostile action in Grenada.  The evidence also does not show he was ever recommended for or awarded the Purple Heart by proper authority.  Therefore, the regulatory burden of proof necessary to support award of the Purple Heart has not been satisfied in this case.

4.  In view of the foregoing, the applicant’s records should be corrected as indicated below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ____x___  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the FSM concerned be corrected amending item 12f of his DD Form 214 to show "00 00 05," by awarding him the Armed Forces Expeditionary Medal for the period from 28 October through 2 November 1983, and by providing the applicant a corrected DD Form 214 that includes these changes.

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 award of the Purple Heart and its addition to the FSM'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)                                         AR20090000475



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090000475



6


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1