IN THE CASE OF:
BOARD DATE: 8 December 2009
DOCKET NUMBER: AR20090011106
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 correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Army Achievement Medal, Korea Defense Service Medal, Grenada Campaign Badge [sic], and the Cold War Recognition Certificate.
2. The applicant states that she did not realize the importance of having her awards listed on her DD Form 214. She further states that she supported Army Rangers who were in direct contact with the campaign in Grenada.
3. The applicant provides no additional documentation in support of her 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant requested award of the Cold War Recognition Certificate. The Cold War Recognition Certificate is not governed by the provisions of Army Regulation 600-8-22 (Military Awards) and, as a result, is not shown on a discharge document. In accordance with section 1084 of the Fiscal Year 1998 National Defense Authorization Act, the Secretary of Defense approved awarding the Cold War Recognition Certificate to all members of the Armed Forces and qualified Federal government civilian personnel who faithfully and honorably served the United States anytime during the Cold War era, which is defined as 2 September 1945 to 26 December 1991. The applicant may submit a request in writing to Commander, U.S. Army Human Resources Command, Attention: AHRC-CWRS, Cold War Recognition, Hoffman II, Room 3N45, 200 Stovall Street, Alexandria, VA 22332-0473. Based on this information, the applicants request for the Cold War Recognition Certificate will not be further discussed in this Record of Proceedings.
3. The applicant's two DD Forms 215 (Correction to DD Form 214) shows that the Army Commendation Medal, Army Achievement Medal, and the Korea Defense Service Medal have already been added to her DD Form 214. These awards will not be further discussed in this Record of Proceedings. A copy of these DD Forms 215 will be provided to her.
4. On 18 November 1982, the applicant enlisted in the Regular Army. She completed her initial training and was awarded military occupational specialty 94B (Food Service Specialist).
5. The applicants available records do not contain any evidence showing that she served in Grenada. During the period from 26 September 1984 to 13 November 1985, the applicant served in the Republic of Korea.
6. On 14 November 1985, the applicant was released from active duty and transferred to Company C, 138th Military Intelligence Battalion, U.S. Army Reserve, located in Chicago, Illinois.
7. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicants DD Form 214, as corrected by two separate DD Forms 215, lists her awards as the Army Good Conduct Medal, Army Service Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Commendation Medal, Army Achievement Medal, and the Korea Defense Service Medal.
8. Army Regulation 600-8-22 prescribes policy, criteria, and administrative instructions concerning individual military awards. The Armed Forces Expeditionary Medal is authorized for service in support of Operation Urgent Fury in Grenada from 23 October 1983 to 21 November 1983. A specific campaign badge is not provided for service in Grenada.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that her DD Form 214 should be corrected to show award of a campaign badge for her service in Grenada.
2. The governing regulation for military awards does not authorize a badge specifically for service in Grenada. There is no available evidence of record showing that the applicant served in support of Operation Urgent Fury or that she qualified for award of the Armed Forces Expeditionary Medal. Therefore, the applicants request for such a medal or badge should be denied.
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) AR20090011106
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ABCMR Record of Proceedings (cont) AR20090011106
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