IN THE CASE OF:
BOARD DATE: 25 January 2011
DOCKET NUMBER: AR20100017201
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 his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Grenada.
2. The applicant states there is no mention of his service in Grenada on his DD Form 214.
3. The applicant provides a copy of his DD Form 214.
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 enlisted in the Regular Army on 26 August 1980. After completing initial entry training he was awarded military occupational specialty 76Y (Unit Supply Specialist). He was honorably discharged on 29 June 1988 after completing 7 years, 10 months, and 4 days of active military service.
3. A DA Form 2-1 (Personnel Qualification Record) shows he served in Germany from 5 March 1982 to 20 August 1983 and from 9 October 1984 to 28 June 1988 in item 5 (Oversea Service). This item does not show he served in Grenada.
4. Item 27 (Remarks) of his DA Form 2-1 shows he served in an imminent danger pay area (Grenada) from 23 October 1983 to 21 November 1983.
5. His DD Form 214 shows 5 years, 2 months, and 6 days in item 12f (Foreign Service).
6. The version of Army Regulation 635-5 (Separation Documents) in effect at the time stated to enter the total amount of foreign service completed during the period covered in item 12f of the DD Form 214. The regulation did not provide for entering specific dates and locations of deployed service on the DD Form 214. The current version of the regulation effective 30 September 2000 provides that the following statement documenting deployed service will be entered in item 18 (Remarks): "SERVICE IN (NAME OF COUNTRY) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence of record partially supports the applicant's request for correction of his DD Form 214 to show his service in Grenada
2. The applicant's DA Form 2-1 shows he served two tours of duty in Germany with respective durations of 1 year, 5 months, and 16 days, and 3 years, 8 months, and 20 days. The DA Form 2-1 shows he served 30 days in Grenada.
3. His total foreign service is as follows:
1 year
5 months
16 days
3 years
8 months
20 days
+
30 days
5 years
3 months
6 days
4. His DD Form 214 shows 5 years, 2 months, and 6 days of foreign service in item 12f. This entry does not include the 30 days he served in Grenada; therefore, he is entitled to correction of item 12f to reflect his total amount of foreign service.
5. Although the regulation currently in effect requires inclusion of a statement in item 18 of the DD Form 214 documenting the duration and location of a Soldier's deployments, this was not a requirement at the time of the applicant's discharge. Accordingly, he is not entitled to correction of his DD Form 214 to include a statement documenting his service in Grenada.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
___X____ ___X___ ___X____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 deleting "05 02 06" from item 12f of his DD Form 214 and adding the entry "05 03 06."
2. The Board further determined 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 adding a statement documenting service in Grenada to his DD Form 214.
__________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) AR20100017201
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20100017201
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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