IN THE CASE OF:
BOARD DATE: 30 September 2010
DOCKET NUMBER: AR20100009601
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 that his service in Grenada West Indies (W.I.) be added to his DD Form 214 (Certificate of Release or discharge from Active Duty).
2. The applicant states that he was one of the first Soldiers on the island and he served more than a month as a photojournalist. He also states that he was awarded the Army Commendation Medal for his service there.
3. The applicant provides no additional documents with 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 enlisted in the Regular Army on 2 July 1980 for a period of
4 years, training as a journalist, and assignment to the XVIIIth Airborne Corps, Fort Bragg, North Carolina. He completed basic training at Fort Knox, Kentucky; advanced individual training at Fort Benjamin Harrison, Indiana; and airborne training at Fort Benning, Georgia. On 4 January 1981, he was assigned permanent duty at Fort Bragg as a journalist and promoted to pay grade E-5 on
4 August 1983.
3. The applicant deployed to Grenada W.I. in support of Operation Urgent Fury from 31 October to 23 November 1983 and he was subsequently awarded the Army Achievement Medal (AAM) for meritorious achievement from 31 October to 22 November 1983. He was also entitled to award of the Armed Forces Expeditionary Medal for his participation in Operation Urgent Fury.
4. On 29 June 1984, he was honorably released from active duty (REFRAD) due to the expiration of his term of service (ETS). He had served 3 years, 11 months, and 28 days of total active service and his DD Form 214 issued at the time of his REFRAD contains no entries reflecting his service in Grenada.
5. Army Regulation 635-5 serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time of the applicants REFRAD made no provisions for entering participation in operations such as Urgent Fury. Subsequent changes to this regulation now provide that participation in such operations and deployments to imminent danger pay areas will be entered in the remarks section of the DD Form 214.
DISCUSSION AND CONCLUSIONS:
1. While the evidence of record shows the applicant deployed to Grenada in support of Operation Urgent Fury, the regulation in effect at the time made no provisions for entering such deployments in the remarks section of the DD Form 214.
2. However, the applicant did serve 23 days of foreign service and is entitled to have that time recorded on his DD Form 214 in item 12f. of his DD Form 214.
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 individual concerned be corrected by showing that the applicant served 23 days of foreign service in block 12f. of his DD Form 214.
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 showing his deployment to Grenada W.I. in the remarks section of his DD Form 214.
3. The Board wants the applicant and all others concerned to know that this action in no way diminishes the sacrifices made by the applicant in service to the United States. The applicant and all Americans should be justifiably proud of his service in arms.
___________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) AR20100009601
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ABCMR Record of Proceedings (cont) AR20100009601
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