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ARMY | BCMR | CY2010 | 20100011586
Original file (20100011586.txt) Auto-classification: Denied

		IN THE CASE OF:	  

		BOARD DATE:	  5 October 2010

		DOCKET NUMBER:  AR20100011586 


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 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.  

2.  The applicant states she was on active duty during the time of this campaign, but it is not on her DD Form 214.  

3.  The applicant provides a copy of her DD Form 214 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 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 was appointed as a Reserve commissioned officer on 25 August 1981 in the Army Nurse Corps.  

3.  She was ordered to active duty on 27 August 1981 at Fort Sam Houston, TX.

4.  Item 5 (Oversea Service) on the applicant's DA Form 2-1 (Personnel Qualification Record) does not show she served in Grenada.

5.  The applicant’s service record does not indicate her unit was deployed in support of military operations in Grenada.  

6.  The applicant was released from active duty on 15 September 1984.  Her DD Form 214 shows the Army Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar as authorized awards.

7.  Her DD Form 214 does not show any foreign service in item 12f (Foreign Service).  

8.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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.  Qualifying service for this award includes participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through 21 November 1983.  Qualifying service for    non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days. 

DISCUSSION AND CONCLUSIONS:

1.  Although the applicant states she was on active duty during the time of Operation Urgent Fury, there is no evidence of record, and she has provided no evidence, which shows she was deployed to Grenada.  Therefore, there is insufficient evidence on which to base award of the Armed Forces Expeditionary Medal to the applicant.  

2.  There is also no evidence of record which supports that the applicant is entitled to any additional awards for service in Grenada.  



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)                                         AR20100011586





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ABCMR Record of Proceedings (cont)                                         AR20100011586



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