IN THE CASE OF:	  

		BOARD DATE:	  10 February 2011

		DOCKET NUMBER:  AR20100020123 


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 discharge document to show the Armed Forces Expeditionary Medal.

2.  The applicant states he was assigned to the 82nd Airborne Division and served in combat in Grenada.

3.  The applicant provides copies of his DA Form 2-1 (Personnel Qualification Record), Certificate of Service, award order, and DD Form 214 (Certificate of Release or Discharge from Active Duty).

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 and entered active duty in the Regular Army on
12 September 1980.  Upon completion of training he was awarded military occupational specialty (MOS) 62C (Motor Transport Operator), which was later designated MOS Code 88M.

3.  The applicant's DA Form 2-1 shows in:

   a.  item 5 (Oversea Service) he completed overseas tours in:

* Belgium from 9 November 1985 through 3 June 1988
* Germany from 31 July 1990 through 26 July 1993

   b.  item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, Army Achievement Medal (2nd Oak Leaf Cluster), Army Commendation Medal (1st Oak Leaf Cluster), Armed Forces Expeditionary Medal, Driver Badge, Parachutist Badge, Army Good Conduct Medal (4th Award), National Defense Service Medal, Overseas Service Ribbon with Numeral 2, Expert Marksmanship Qualification Badge with (M-16) Rifle, Grenade, and (M-9) Pistol Bars;

	c.  item 26 (Remarks) he performed duty in an Imminent Danger Pay area (Grenada) from 31 October through 5 November 1983; and

	d.  item 35 (Record of Assignments) he was assigned to Company A,
407th Supply and Services Battalion, 82nd Airborne Division, from 13 February 1981 through 23 September 1985.

4.  The applicant's DD Form 214 shows he entered active duty this period on
12 September 1980, he was honorably discharge on 31 May 1994 under the Early Release Program (Special Separation Benefit), and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He completed 13 years, 8 months, and 20 days of net active service during this period and 5 years, 6 months, and 21 days of foreign service.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Expert Marksmanship Qualification Badge with (M-16) Rifle Bar, Parachutist Badge, Army Good Conduct Medal (4th Award), Army Commendation Medal (1st Oak Leaf Cluster), Army Achievement Medal
(2nd Oak Leaf Cluster), Overseas Service Ribbon, and Driver Badge with W [Wheeled Vehicle] Bar.


5.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, 82nd Airborne Division, Certificate of Service, that shows the applicant deployed with the 82nd Airborne Division to the country of Grenada during the period 31 October to 5 November 1983 as part of the U.S. Forces deployed to that country to rescue American citizens and restore a democratic form of government.

   b.  Headquarters, 82nd Airborne Division, Fort Bragg, NC, Permanent Orders 223-90, dated 23 December 1983, that awarded the applicant the Army Commendation Medal for meritorious achievement from 26 October to
2 November 1983.

6.  A review of the applicant's military personnel records reveals he may be authorized additional awards that are not shown on his DD Form 214.

   a.  A DA Form 1059 (Service School Academic Evaluation Report) for the period 20 November through 19 December 1986 shows he successfully completed the Primary Leadership Development Course at the 32nd Army Air Defense Command, Noncommissioned Officer (NCO) Academy [U.S. Army, Europe].

   b.  A DA Form 1059 for the period 1 May through 21 June 1990 shows he successfully completed the Basic Noncommissioned Officer Course at the U.S. Army Training Center, NCO Academy, Fort Eustis, VA.

7.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.

		(1)  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member 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 60 nonconsecutive days provided this support involved entering the area of operations.

		(2)  Table 2-3 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations in Direct Support of the United Nations) shows the Armed Forces Expeditionary Medal was authorized for service in Grenada - Operation Urgent Fury from 23 October to 21 November 1983.  The qualifying criteria for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.

	b.  The Noncommissioned Officer (NCO) Professional Development Ribbon was established by the Secretary of the Army on 10 April 1981.  It is awarded to Active Army, Army National Guard, and U.S. Army Reserve Soldiers for successful completion of designated NCO professional development courses.  

	    (1)  The Noncommissioned Officer Professional Development Ribbon is authorized for successful completion of the Primary Leadership Development Course. 

       (2)  Numerals are used to denote the completion of higher levels of NCO professional development courses.  The numeral 2 is authorized for completion of the Basic Noncommissioned Officer Course.

   c.  The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981.  Effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours.  Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon.

8.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Armed Forces Expeditionary Medal because he served in combat in Grenada.

2.  Records show the applicant served in Grenada in support of Operation Urgent Fury from 31 October through 5 November 1983.  This consecutive 6-day period of service in Grenada qualified the applicant for award of the Armed Forces Expeditionary Medal.

3.  Records show the applicant qualified for award of the Noncommissioned Officer Professional Development Ribbon with Numeral 2 based on his completion of the Primary Leadership Development Course and Basic Noncommissioned Officer Course.
4.  Records show the applicant qualified for award of the Overseas Service Ribbon with Numeral 2 based upon his completion of overseas tours in Belgium and Germany.  His DD Form 214 only shows the "Overseas Service Ribbon."

5.  Records show the applicant was authorized the Expert Marksmanship Qualification Badge with Grenade and (M-9) Pistol Bars; however, they are not recorded on his DD Form 214.

6.  In view of the foregoing, it would be appropriate to correct the applicant's DD Form 214 to show all of his authorized awards and decorations, as recommended below.

BOARD VOTE:

____X___  ___X____  ____X___  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of his DD Form 214 the "Overseas Service Ribbon" and "M16 Expert Badge" and

	b.  adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal, Noncommissioned Officer Professional Development Ribbon with Numeral 2, Overseas Service Ribbon with Numeral 2, and Expert Marksmanship Qualification Badge with (M-16) Rifle, Grenade, and (M-9) Pistol Bars.



      _______ _   __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)                                         AR20100020123



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ABCMR Record of Proceedings (cont)                                         AR20100020123



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