IN THE CASE OF:
BOARD DATE: 16 June 2011
DOCKET NUMBER: AR20100029106
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 reflect his participation in Operation Urgent Fury. He also requests award of the Combat Infantryman Badge (CIB).
2. He states he actually participated in this operation; however, it was not annotated on his DD Form 214. He was told to expect the CIB for his actions.
3. He provides no additional evidence.
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. After having prior active duty, he enlisted in the Regular Army on 30 December 1980 and served in military occupational specialty (MOS) 11B (Infantryman).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows the following information:
* Item 5 (Oversea Service) no indication of service in Grenada
* Item 9 (Awards, Decorations, and Campaigns) does not show award of the CIB or indicate participation in Operation Urgent Fury
4. Item 38 (Record of Assignments) of his DA Form 2-1 shows, in part, he was assigned to Company A, 2nd Battalion (Airborne), 325th Infantry Regiment, 82nd Airborne Division, Fort Bragg, NC, from 11 September 1982 through 13 December 1983 during a period consistent with Operation Urgent Fury.
5. On 13 December 1983, he was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) for completion of his Reserve obligation. He completed a total of 2 years, 11 months and 14 days of net active service. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show he was awarded the CIB.
6. His records are void of evidence to show he deployed in support of Operation Urgent Fury or was recommended for or awarded the CIB.
7. Army Regulation 600-8-22 (Military Awards) states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat. The CIB is authorized for award for Grenada during the period 23 October to 21 November 1983.
8. A brief history of the 82nd Airborne Division from the Wikipedia website shows that elements of the 82nd Airborne Division provided support to the 1st and 2nd Ranger Battalions in the invasion of Grenada on 25 October 1983. The first 82nd Airborne Division unit to deploy was a task force of the 2nd and 3rd Battalions (Airborne), 325th Infantry Regiment. The first aircraft carrying troopers from the 2nd Battalion (Airborne), 325th Infantry Regiment, touched down at Point Salinas 17 hours after notification, commanded by J____ L. H____ with Company A as the initial ready company.
DISCUSSION AND CONCLUSIONS:
1. Although the available evidence shows he was serving in an infantry MOS and assigned to an infantry unit, there is no evidence and he has not provided sufficient evidence to show he actually engaged in active ground combat.
2. The available evidence shows he was assigned to Company A, 2nd Battalion (Airborne), 325th Infantry Regiment, during the period his unit deployed in support of Operation Urgent Fury. However, his record contains no evidence and he has not provided sufficient evidence such as a manifest roster, deployment orders, or a leave and earnings statement that would serve to provide proof of his participation during this campaign.
3. In view of the foregoing, he is not entitled to the requested relief.
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 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) AR20100029106
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ABCMR Record of Proceedings (cont) AR20100029106
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