IN THE CASE OF:
BOARD DATE: 1 March 2011
DOCKET NUMBER: AR20100020301
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 to her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show her combat service in Grenada from 3 November to 5 December 1983.
2. The applicant states her combat service is not properly recorded on her DD Form 214.
3. The applicant provides the following documents in support of her application:
* DD Form 214 with a separation date of 14 January 1988
* DA Form 2-1 (Personnel Qualification Record)
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 applicants military records are not available for review. However, there were sufficient documents in a reconstructed record to conduct a fair and impartial review of this case.
3. The applicant enlisted in the Regular Army on 7 January 1981. She completed her initial entry training and was awarded military occupational specialty (MOS) 95B (Military Police). The highest rank she obtained while on active duty was sergeant/pay grade E-5.
4. Item 5 (Overseas Service) of her DA Form 2-1 shows she served two foreign service tours in the U.S. Army Europe (Germany) from 7 May 1981 to 9 November 1982 and again from 31 September 1985 to 13 September 1988.
5. Item 35 (Record of Assignments) of her DA Form 2-1 shows her foreign service tours in Germany. This section does not show she deployed or was assigned to a unit in Grenada.
6. On 14 January 1988, she was honorably discharged due to expiration term of service.
a. The following entries are recorded on her DD Form 214 in:
* Item 12c (Net Active Service This Period) 7 years and 8 days
* item 12f (Foreign Service) 3 years, 10 months, and 4 days
b. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):
* Army Achievement Medal (1st Award)
* Good Conduct Medal (2nd Award)
* Army Lapel Button
* Armed Forces Expeditionary Medal
* NCO [Noncommissioned Officer] Professional Development Ribbon (Numeral 1)
* Army Service Ribbon
* Overseas Service Ribbon (Numeral 1)
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Pistol Bar (.38 Caliber)
c. Item 18 (Remarks) does not contain any entries showing her deployment history.
7. The Defense Finance and Accounting Service (DFAS) maintains Soldiers financial records of all pay and allowances paid to them during their periods of service. Based on the applicant's period of service, DFAS was not able to confirm or deny she received imminent danger pay for deployment to Grenada.
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.
9. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. This regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4 requires the preparer to enter all awards and decorations for all periods of service from the personnel service record and verified by the Soldier's record. In addition, it states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
The applicant's award of the Armed Forces Expeditionary Medal is sufficient to support that she served in an imminent danger pay area. Therefore, the applicant's record should be corrected to show she served in Grenada from 3 November to 5 December 1983.
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 adding to item 18 of the DD Form 214 the entry "SERVICE IN GRENADA FROM 19831103-19831205."
_______ _ 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) AR20100020301
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