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 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'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
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ABCMR Record of Proceedings (cont) AR20090017357
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