Search Decisions

Decision Text

ARMY | BCMR | CY2009 | 20090017357
Original file (20090017357.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	    6 April 2010

		DOCKET NUMBER:  AR20090017357 


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 his award of the Army Achievement Medal and a campaign or expeditionary medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).

2.  The applicant states he was awarded the Army Achievement Medal.  He states he may be authorized a campaign or expeditionary medal for active duty service in the United States during Grenada, Operation Urgent Fury.

3.  The applicant provides no additional 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 military personnel records show he enlisted in the Regular Army on 15 February 1983 for a period of 2 years.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Infantryman).

3.  On 8 June 1983, the applicant was assigned to Company D, 2nd Battalion, 2nd Infantry at Fort Lewis, WA.

4.  Item 9 (Awards, Decorations & Campaigns) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not show he was awarded the Army Achievement Medal or a campaign/expeditionary medal.

5.  On 14 February 1985, the applicant was released from active duty.  He had completed 2 years of active duty that was characterized as honorable.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the Army Achievement Medal or a campaign/expeditionary medal.

6.  There are no orders in the applicant's Official Military Personnel Files (OMPF) and he did not provide any evidence to show he was recommended for or awarded the Army Achievement Medal.

7.  Department of the Army Pamphlet 672-3 (Unit Citation and Campaign Participation Credit Register) lists campaign participation credit, assault landing credit, unit citation emblems awarded during the Grenada Operation.  This pamphlet does not show the 2nd Battalion, 2nd Infantry was awarded the Army Forces Expeditionary Medal.

8.  Army Regulation 600-8-22 (Military Awards) provides 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.  Provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

9.  Table 2-4 of Army Regulation 600-8-22 lists designated U.S. military operations of assistance to a friendly foreign nation and the dates of eligibility for award of the Armed Forces Expeditionary Medal.  Grenada, Operation Urgent 


Fury is among the designated military operations and the dates of eligibility are from 23 October to 21 November 1983.  The qualifying criteria for non-unit direct support personnel in Grenada are 6 consecutive days or 12 non-consecutive days.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he was awarded the Army Achievement Medal and it should be included on his DD Form 214.   He also contends he may have been awarded a campaign or expeditionary medal for Grenada.

2.  There is no evidence in the applicant's OMPF that shows he was recommended for or awarded the Army Achievement Medal.  Therefore, there is insufficient evidence on which to base adding it to his DD Form 214.

3.  The Armed Forces Expeditionary Medal was authorized for units and Soldiers who participated in Operation Urgent Fury in Grenada.  However, there is no evidence the applicant or his unit was engaged in the operation or served in the area of operations.  Therefore, there is insufficient evidence on which to base adding it to his DD Form 214.

4.  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 that 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)                                         AR20090017357



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20090017357



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

Similar Decisions

  • ARMY | BCMR | CY2011 | 20110014437

    Original file (20110014437.txt) Auto-classification: Approved

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the award of the Armed Forces Expeditionary Medal for his participation in Operation Urgent Fury (Grenada). The applicant requests correction of his DD Form 214 to show the award of the Armed Forces Expeditionary Medal for his participation in Operation Urgent Fury (Grenada). The available evidence clearly shows he served a qualifying period of service in Grenada in support...

  • ARMY | BCMR | CY2011 | 20110000044

    Original file (20110000044.txt) Auto-classification: Approved

    Application for correction of military records (with supporting documents provided, if any). He provides: * Permanent Change of Station (PCS) orders to South Korea, dated 27June 1975 * Two DA Forms 67-7 (U.S. Army Officer Evaluation Report) for the periods September 1975 - 9 September 1976 and September 1976 - November 1976 * PCS orders from South Korea, dated 9 August 1976 * Certificate of Achievement, dated 1 June 1985 * Three DA Forms 67-8 (U.S. Army Officer Evaluation Report) for the...

  • ARMY | BCMR | CY2010 | 20100008013

    Original file (20100008013.txt) Auto-classification: Denied

    The applicant states he filed for correction of his records within 3 years of the date of discovery of the error. The applicant's OMPF does not contain a record of the units to which he was assigned or the dates of his assignments. It does show he was in Panama at the time; however, the certificate did not reflect the inclusive dates he was assigned to the unit and it did not show he participated in Operation Urgent Fury.

  • ARMY | BCMR | CY2015 | 20150000656

    Original file (20150000656.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded 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. The available evidence of record fails to show that the applicant was ever assigned to the 2nd Battalion, 325th Infantry Regiment...

  • ARMY | BCMR | CY2010 | 20100015591

    Original file (20100015591.txt) Auto-classification: Denied

    Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to add the Armed Forces Expeditionary Medal (AFEM) for his participation in Operation Urgent Fury (Grenada). Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in...

  • ARMY | BCMR | CY2007 | 20070007256

    Original file (20070007256.txt) Auto-classification: Denied

    In pertinent part, it provides that a bar is authorized for wear for each period of active Federal service as a member of the U.S. Army outside of the continental limits of the United States for the specific time frames and areas of operation cited in Army Regulation 670-1 or appropriate Department of the Army message. The applicant's record also shows he was awarded the Parachute Badge in 1981. Therefore, the Board requests that the CMSD-St. Louis administratively correct the records of...

  • ARMY | BCMR | CY2012 | 20120010127

    Original file (20120010127.txt) Auto-classification: Denied

    There is no evidence of record that shows he participated in Operation Urgent Fury in Grenada in 1983. Qualifying service for this award includes participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through 21 November 1983. DISCUSSION AND CONCLUSIONS: Since there is no evidence of record and he provided no evidence that shows he participated in Operation Urgent Fury in Grenada in 1983, there is no basis for granting his requests.

  • ARMY | BCMR | CY2002 | 2002075474C070403

    Original file (2002075474C070403.rtf) Auto-classification: Approved

    The applicant requests correction of his records to show award of the Combat Infantryman Badge and the Armed Forces Expeditionary Medal for his participation in Grenada. The applicant states that he served in armed conflict in Grenada and should be entitled to the Armed Forces Expeditionary Medal and the Combat Infantryman Badge. That all of the Department of the Army records related to this case be corrected by showing the individual concerned was awarded the Combat Infantryman Badge and...

  • ARMY | BCMR | CY2010 | 20100011586

    Original file (20100011586.txt) Auto-classification: Denied

    The applicant requests correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show all the awards to which she is entitled for her active duty service from 27 August 1981 through 15 September 1984, to include a campaign medal and the Armed Forces Expeditionary Medal for Operation Urgent Fury from 23 October 1983 through 21 November 1983. Although the applicant states she was on active duty during the time of Operation Urgent Fury, there is no evidence of...

  • ARMY | BCMR | CY2009 | 20090013501

    Original file (20090013501.txt) Auto-classification: Denied

    The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show a 5-point veterans' preference and award of the Armed Forces Expeditionary Medals for Grenada and Lebanon. He was awarded the Army Achievement Medal for his service as proof that he was there during that period but the Armed Forces Expeditionary Medal was not added to his DD Form 214. With respect to the Armed Forces Service Medal, there is no evidence that the applicant was...