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ARMY | BCMR | CY2011 | 20110005605
Original file (20110005605.txt) Auto-classification: Approved

		

		BOARD DATE:	  27 October 2011

		DOCKET NUMBER:  AR20110005605 


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 award of the Armed Forces Expeditionary Medal (AFEM) and correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show this award and his deployment to Grenada in support of Operation Urgent Fury.

2.  The applicant states he deployed to Grenada with his unit for Operation Urgent Fury.

3.  The applicant provides his DD Form 214 and an Army Commendation Medal (ARCOM) certificate.

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 1 July 1981.  He completed training and he was awarded military occupational specialty 64C (motor transport operator).  He was advanced to specialist four (SP4)/E-4 on 1 September 1983.

3.  Permanent Orders 219-11, issued by Headquarters, 82nd Airborne Division, Fort Bragg, NC, dated 15 December 1983, awarded the applicant the ARCOM for meritorious achievement for the period 25 October to 22 November 1983.  The orders specify that the authority for the award was a message pertaining to awards and decorations for the Grenada Operation.  The corresponding ARCOM certificate indicates he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in Grenada during the period 25 October to 22 November 1983 while deployed as a truck driver.

4.  His record contains a DA Form 2-1 (Personnel Qualification Record) that shows in item 9 (Awards, Decorations, and Campaigns), among other awards, the AFEM.

5.  On 30 June 1984, the applicant was honorably released from active duty at the expiration of his term of service.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 does not show award of the AFEM.

6.  Army Regulation 600-8-22 (Military Awards) provides that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.  However, for Grenada -Operation Urgent Fury, the qualifying criteria for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.

7.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for an active duty Soldier deployed to a foreign country 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 (Remarks).

DISCUSSION AND CONCLUSIONS:

The applicant's ARCOM orders and certificate confirm he deployed to Grenada from 25 October through 22 November 1983 in support of Operation Urgent Fury. His DA Form 2-1 also indicates he was awarded the AFEM for this period of service.  Therefore, it would be appropriate to correct his DD Form 214 to show this award and to show his service in Grenada.

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.  adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal, and

	b.  adding to item 18 of his DD Form 214 the entry "Service in Grenada from 19831025 - 19831122" to item 18 of 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.

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ABCMR Record of Proceedings (cont)                                         AR20110005605



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