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ARMY | BCMR | CY2011 | 20110005198
Original file (20110005198.txt) Auto-classification: Approved

		

		BOARD DATE:	  20 September 2011

		DOCKET NUMBER:  AR20110005198 


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 her record and DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by documenting her service in Grenada and by adding any awards due based on this Grenada service. 

2.  The applicant states she served two tours in Grenada, West Indies and is requesting this service be placed in her military record and on her DD Form 214. She also believes an award was received by her unit for this service in Grenada and also requests this award be added to her record and DD Form 214. .  

3.  The applicant provides two Certificates of Achievement 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’s record shows she initially entered active duty in the Regular Army on 3 July 1974.  She held and served in military occupational specialties (MOSs) 95B (Military Police) and 92Y (Unit Supply Specialist), and sergeant first class/E-7 (SFC/E-7) is the highest rank she held while serving on active duty.  

3.  The applicant’s DA Form 2-1 (Personnel Qualification Record) shows she completed three overseas tours in Germany between 14 December 1974 and 
30 October 1990, and a tour in Saudi Arabia from 26 November 1990 through 
23 March 1991.  Item 35 (Record of Assignments) shows that during the period between 19 May 1983 and 7 July 1985, the applicant was assigned to the 108th Military Policy Company, Fort Bragg, North Carolina.  

4.  On 31 July 1994, the applicant was honorably retired in the rank of SFC/E-7 after completing a total of 20 years and 28 days.  The DD Form 214 she was issued shows she completed a total of 7 years, 2 months, and 20 days of overseas service Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) does not contain unit awards related to service in Grenada.  Item 18 (Remarks) contains an entry confirming deployed service in Southwest Asia from 26 November 1990 through 23 March 1991.  No other deployed service is documented in item 18.  

5.  The applicant provides Certificates of Achievement, dated 7 April and 
13 November 1984, issued by the Commander of the U.S. Element Grenada.  These certificates show the applicant served in Grenada, West Indies a total of 
3 months and 3 days during the following two separate periods:

* 23 February through 7 April 1984
* 28 September through 14 November 1984

6.  Unit history documents for the 108th Military Police Company show the unit participated in Operation Urgent Fury from 27 October 1983 through
21 November 1983.  They further show the unit served on 60 day deployments on a rotating basis during Operation Island Breeze through 1 January 1985.  Soldiers performed security missions and assisted members of the Caribbean Peacekeeping Force and Royal Grenadian Police Force.  

7.  A review of the unit awards listed on the Military Awards Branch website fail to show the applicant’s unit earned a unit award for service in Granada during the periods the applicant served there.  



8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  

9.  Chapter 2 of the separations documents regulation contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f are to add all overseas service completed during the period covered by the DD Form 214, and the instructions for item 18 state, in pertinent part, that for an active duty Soldier deployed with his or her unit during the period covered by the DD Form 214, the entry "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be added to 
Item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s request to document her service in Grenada and to add a unit award earned for this service to her record and DD Form 214 has been carefully considered and found to have partial merit.  

2.  By regulation, all overseas service performed during a period covered by a DD form 214 will be entered in item 12f, and an entry documenting deployed service will be added to item 18 for Soldiers deployed with their units during the period covered by the DD Form 214.  As a result, it would be appropriate to correct item 12f of the applicant’s DD Form 214 by adding the 3 months and 
3 days the applicant served in Grenada.  

3.  The governing regulation also provides for an entry in item 18 of the DD Form 214 documenting deployed service.  As a result, it would also be appropriate to add the entry “SERVICE IN GRENADA FROM 19840222-19840497 AND FROM 19840928-19841114” to item 18.  

4.  The evidence of record shows that although the unit received the Armed Forces Expeditionary Medal (AFEM) for service in Grenada between 23 October and 21 November 1983, the unit received no awards for Grenada service during the periods the applicant served there.  As a result, there is an insufficient evidentiary basis to support granting this portion of the requested relief.  



BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x___  ___x____  ____x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was 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 amending her DD Form 214 as follows:

	a.  Item 12f - delete the current entry and replace it with the entry “07  05  23”; and

	b.  Item 18 – Add the entry “SERVICE IN GRENADA FROM 19840223-19840407 AND FROM 19840928-19841114.”

2.  The Board further determined that 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 unit award for Grenada service to the record and 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)                                         AR20110005198



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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ABCMR Record of Proceedings (cont)                                         AR20110005198



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

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