IN THE CASE OF:	  

		BOARD DATE:	    19 August 2010

		DOCKET NUMBER:  AR20100008013 


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 reconsideration of the Board's denial to add the Armed Forces Expeditionary Medal to his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period ending 9 March 1986 and to include an entry to reflect a 5-point Veteran's preference.

2.  The applicant states his DD Form 214, Army Achievement Medal, and being on active duty justifies that he was overseas during Operation Urgent Fury (Grenada) during the period 23 October 1983 to 21 November 1983.  He states his unit, the 193rd Infantry Brigade, is clearly listed on his DD Form 214.  
He states that while he was assigned to the 193rd Infantry Brigade in Panama they were a direct rear support in a U.S. operation for assistance for friendly foreign nations during operation Operation Urgent Fury.  He states they were placed in a position of hostile action, in his opinion, where foreign armed forces were presenting hostile action that was imminent, even though it did not materialize.

3.  The applicant states he filed for correction of his records within 3 years of the date of discovery of the error.  He states the error was only recently discovered by the Boone National Guard Center in Frankfort, KY.

4.  The applicant provides a copy of: 

* a history of the 193rd Infantry Brigade
* a history of the 2nd Battalion, 187th Infantry Regiment from the internet
* an article entitled Grenada, Panama, and Haiti: Joint Operational Reform
* an article entitled Airborne Operations in the Cold War

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090013501, on 5 January 2010.

2.  The two histories and the two articles the applicant submitted are new evidence which requires his case be reconsidered by the ABCMR.

3.  The applicant's official military personnel file (OMPF) shows he enlisted in the Regular Army on 10 March 1983.  He had previously served 7 years and 2 days in the Kentucky Army National Guard (KYARNG).

4.  The applicant's OMPF does not contain a record of the units to which he was assigned or the dates of his assignments.

5.  The applicant's certificate for the award of the Army Achievement Medal stated he was recognized for his exceptionally meritorious service while assigned to the 4th Battalion, (Mechanized), 20th Infantry Platoon, 193rd Infantry Brigade. The certificate was signed on 27 April 1984.  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.

6.  On 9 March 1986, the applicant was honorably discharged by reason of his expiration term of service.  He had completed 3 years of active service this period.
 
7.  The history of the 193rd Infantry Brigade showed the 1st and 2nd Battalions of the 187th Infantry Regiment were assigned to the 193rd Infantry Brigade in Panama in October 1983.  However, the history did not show the unit participated in or was engaged in the direct support of Operation Urgent Fury.

8.  The history of the 2nd Battalion, 187th Infantry Regiment states the battalion was assigned to the 193rd Infantry Brigade and activated in Panama.  However, the history did not show the unit participated in or was engaged in the direct support of Operation Urgent Fury.

9.  The article, Joint Operational Reform, does not show the 193rd Infantry Brigade participated in or was engaged in the direct support of Operation Urgent Fury.

10.  The article, Airborne Operations in the Cold War, states that in the early morning hours of 25 October 1983, the 1st Battalion, 75th Ranger Regiment spearheaded a U.S. joint forces assault on the Caribbean island of Grenada.  In all, over 500 Army Rangers from the 1st and 2nd Ranger Battalions made a combat jump in Point Salinas Airport.  However, there is no evidence the applicant was assigned to these units.

11.  The Wikipedia encyclopedia lists the order of battle for U.S. land forces for the invasion of Grenada.  The 193rd Infantry Brigade is not listed on the order of battle.

12.  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.  Service members must be bona fide members 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 the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria: 

	a.  be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area; 

	b.  is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; and

	c.  accumulate 15 days service (consecutive/nonconsecutive) 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.  One 

day's service is credited for the first sortie flown on any day.  Additional sorties flown on the same day receive no further credit.

13.  Army Regulation 600-8-22, Table 2-2, lists designated U.S. military operations 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.  A note states that the qualifying criteria for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.

14.  Office of Personnel Management (OPM) is charged with prescribing and enforcing regulations for the administration of Veterans' preference in the competitive service in executive agencies.  OPM is charged with prescribing regulations for the administration of Veterans' preference in the excepted service in executive agencies.  Agencies themselves are generally responsible for enforcement (Title 5, U.S. Code, section 1302).

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he is entitled to the Armed Forces Expeditionary Medal and an entry on his DD Form 214 to reflect a 5-point Veteran's preference.
He also contends he met the honorable service requirement and that he submitted his application within 3 years of the date of discovery.

2.  The fact whether the applicant filed within the 3-year statute of limitations is mute.  The Board waived this requirement and reviewed the applicant's entire OMPF.  Therefore, this is not an issue.

3.  The record shows the applicant did serve honorably during the period from 
10 March 1983 to 9 March 1986.  Therefore, the characterization of his service is not an issue.

4.  The two histories and the two articles provided by the applicant do not show the applicant or a unit the applicant was assigned to participated in or was engaged in the direct support of Operation Urgent Fury.  Therefore, there is insufficient evidence to show the applicant is authorized the Armed Forces Expeditionary Medal.

5.  Veteran's preference points are administered by OPM and are not assigned by the Regular Army.  Therefore, whether or not an individual has Veteran's preference points and how many is not determined by the military service at the time of discharge.

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 to amend the decision of the ABCMR set forth in Docket Number AR20090013501, dated 5 January 2010.



      _______ _   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)                                         AR20100008013



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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ABCMR Record of Proceedings (cont)