IN THE CASE OF:
BOARD DATE: 27 September 2012
DOCKET NUMBER: AR20120005385
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.
2. He states he served 2 months in Grenada in 1983 and was awarded the Combat Infantryman Badge, Humanitarian Service Medal, and Bronze Star Medal.
3. He provides his DD Form 214.
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 29 April 1980. After completion of basic and advanced individual training, he was awarded military occupational specialty 11H (Heavy Anti-Armor Weapons Infantryman). He was honorably released from active duty on 28 April 1984 and credited with 4 years of active duty service.
3. His DD Form 214 shows in:
* item 12f (Foreign Service) "00 00 00"
* Item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized)
* Army Service Ribbon
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade Bar
* Noncommissioned Officer Professional Development Ribbon
* Expert TOW Gunner Badge
* Bronze Star Medal
* Combat Infantryman Badge
* Humanitarian Service Medal
* Army Good Conduct Medal
* Armed Forces Expeditionary Medal (AFEM)
* Item 18 (Remarks) no entry concerning his deployment
4. His record is void of evidence that shows he was deployed to Grenada or any other foreign country.
5. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through
21 November 1983. Qualifying service for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.
6. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. Paragraph 2-4, in pertinent part, requires the preparer to enter the total amount of foreign service completed from the period covered in item 12f. Additionally, the regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant was deployed overseas as verified by his award of the Bronze Star Medal, Combat Infantryman Badge, and AFEM. However, while the sincerity of his claim that he was deployed to Granada for 2 months is not in doubt, there is no evidence in his records and he has not provided any to verify the deployment or the inclusive dates of the deployment.
2. Nevertheless, as cited above, it is reasonable to presume that he was awarded the AFEM for his participation in Operation Urgent Fury in Grenada during the period 23 October 1983 through 21 November 1983. Therefore, in the interest of equity it would be appropriate to correct items 12f and 18 of his DD Form 214 to show he served in Granada during the period of qualification for the award of the AFEM.
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:
a. deleting from item 12f of his DD Form 214 "00 00 00" and adding "00 00 29" and
b. by showing "SERVICE IN GRENADA FROM 19831023 TO 19831121" in item 18 of his DD Form 214.
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 showing he served 2 months in Grenada.
_____________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) AR20120005385
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ABCMR Record of Proceedings (cont) AR20120005385
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