IN THE CASE OF:
BOARD DATE: 15 December 2011
DOCKET NUMBER: AR20110012728
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect his service in Grenada from 19831024 19831106 and 19831219 19840202.
2. The applicant states that he served in Grenada from 19831024 19831106 and 19831219 19840202; however, that service is not reflected on his DD Form 214.
3. The applicant provides a copy of his DD Form 214 and a copy of an Air Medal Certificate showing he was awarded the Air Medal for service in Grenada from 19831024 19831106.
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 applicant was serving in the pay grade of E-4 and was assigned to Company A, 82d Combat Aviation Battalion, 82d Airborne Division as a Tactical Transport Helicopter Repairer when he deployed to Grenada in support of Operation Urgent Fury from 24 October 1983 to 6 November 1983.
3. He volunteered to return to Grenada for 45 days to maintain a UH-6-A Blackhawk helicopter and served from 19831219 19840202. He was promoted to the pay grade of E-5 on 1 February 1984 and was awarded the Armed Forces Expeditionary Medal and the Air Medal for that deployment.
4. On 29 October 1984 he was honorably discharged due to the expiration of his term of service (ETS). He had served 5 years and 9 months of active service and his DD Form 214 issued at the time of his discharge shows that he was awarded the Parachutist Badge, the Good Conduct Medal, the Air Medal, the Army Service Ribbon, the Army Achievement Medal 1OLC, and the Armed Forces Expeditionary Medal.
5. Army Regulation 635-5 (Separation Program Designator (SPD)) serves as the authority for the preparation of the DD Form 214. The regulation in effect at the time did not provide any provisions for entering deployments on the DD Form 214. However it did not prohibit the use of entering such information in the remarks sections.
6. Army Regulation 635-5 currently in effect provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following entry will be made: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicants contentions have been noted and appear to have merit. Although there were no provisions for entering deployments on the DD Form 214 at the time the applicant served, there were no prohibitions against entering it in the remarks section of his DD Form 214.
2. Inasmuch as such entries serve to clarify any questions that may arise regarding an individuals service in terms of awards and benefits, it would be appropriate at this time to add the applicants service in Grenada to his DD Form 214.
BOARD VOTE:
____X____ ____X____ ____X____ GRANT FULL RELIEF
________ ________ ________ 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 relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the entry Service in Grenada from 19831024 19831106 and 19831219 19840202.
2. The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
_______ _ _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) AR20110012728
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ABCMR Record of Proceedings (cont) AR20110012728
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