IN THE CASE OF:
BOARD DATE: 3 April 2012
DOCKET NUMBER: AR20110019980
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 show his foreign service in Grenada.
2. The applicant states he served in Grenada in 1983 but it is not listed on his DD Form 214.
3. The applicant provides a Certificate of Appreciation.
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's records show he enlisted in the Regular Army on 5 January 1983 and he held military occupational specialty 57H (Cargo Specialist). He was assigned to the 119th Transportation Company, Fort Eustis, VA, on 11 April 1983.
3. On 4 January 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve. He completed 3 years of creditable active service.
4. Item 12f (Foreign Service) of his DD Form 214 contains the entry "00 00 00."
5. The applicant provides a Certificate of Appreciation, dated 15 December 1983, for meritorious performance of duty in Grenada from 4 to14 December 1983 during Operation Urgent Fury while assigned to the 119th Transportation Company.
6. Army Regulation 635-5 (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. The version in effect at the time did not require the dates and foreign country a Soldier deployed to during the period covered by the DD Form 214 be added to the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Grenada from 4 to 14 December 1983 during Operation Urgent Fury. At the time of separation, there was no regulatory requirement to list the dates or foreign country a Soldier deployed to on the DD Form 214. Nevertheless, there is no harm to the Army or the applicant if his DD Form 214 is corrected to show this foreign service.
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 amending his DD Form 214 as follows:
* deleting the entry in item 12f and adding the entry "00 00 11"
* adding to item 18 (Remarks) the entry "SERVICE IN GRENADA 19831204-19831214"
_______ _ _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) AR20110019980
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ABCMR Record of Proceedings (cont) AR20110019980
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