IN THE CASE OF:	  

		BOARD DATE:	  8 November 2012

		DOCKET NUMBER:  AR20120007531 


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 overseas service.

2.  The applicant states he served with the 82nd Airborne Division and deployed to a hostile fire pay/imminent danger pay (HFP/IDP) area (Grenada) in support of Operation Urgent Fury; however, his records do not reflect this overseas service.

3.  The applicant provides no additional documentary evidence in support of his 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 enlisted in the Regular Army on 3 August 1982 for a period of
4 years.  He was awarded military occupational specialty 11B (Infantryman).

3.  Headquarters, 82nd Airborne Division, Fort Bragg, North Carolina, Permanent Orders 222-163, dated 20 December 1983, shows the applicant was awarded the Combat Infantryman Badge for engagement in active ground combat during the period 24 October to 2 November 1983.  The order also shows:

   a.  the applicant was assigned to Company C, 2nd Battalion (Airborne),
505th Infantry; and

   b.  the authority was, in pertinent part, U.S. Army Military Personnel Center (DAPC-ALA) message, 031717Z November 1983, subject:  Awards and Decorations - Grenada Operation.

4.  The applicant's DD Form 214 shows he was honorably released from active duty on 18 June 1986.  He completed 3 years, 10 months, and 16 days of net active service.  It also shows in:

	a.  item 12 (Record of Service), block f (Foreign Service), no foreign service; and

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle (M-16) and Grenade Bars
* Expert Infantryman Badge
* Combat Infantryman Badge
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal
* Armed Forces Expeditionary Medal (Grenada)
* Noncommissioned Officer Professional Development Ribbon with Numeral "1"

	c.  item 18 (Remarks), no record of service in a designated HFP/IDP area.

5.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  Table 2-2 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Grenada in support of Operation Urgent Fury from 23 October to 21 November 1983.

6.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.

	a.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the Official Military Personnel File (OMPF).

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

		(1)  Item 12 states, use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.

		(2)  Item 12f states, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).  Obtain the foreign service from item 5 of the PQR to compute this entry.  If necessary, verify the foreign service in the MPRJ/OMPF.

		(3)  Item 18 states, use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.  There are no instructions for entering overseas service.

		(a)  Previous versions of this Army regulation provided for entering inclusive dates of service in Vietnam and Indochina during the current period of service.

		(b)  An update to this regulation in 2000 shows that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement, "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he deployed to an HFP/IDP area (Grenada).

2.  The evidence of record shows the applicant was deployed to Grenada during the period 24 October to 2 November 1983.

   a.  A day-for-day calculation for this period of service shows it equates to a total of 10 days.

	b.  Thus, it would be appropriate to show this period of foreign service in item 12f of his DD Form 214.

	c.  This deployment was subsequent to the Army regulatory requirement to record Vietnam/Indochina service and prior to the change that authorized recording an overseas deployment in an HFP/IDP area in the Remarks section of the DD Form 214.  However, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 as recommended below.

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.  deleting the entry from item 12f of his DD Form 214 and replacing it with "00  00  10"; and


	b.  adding the entry "SERVICE IN GRENADA FROM 19831024-19831102" 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.

ABCMR Record of Proceedings (cont)                                         AR20120007531



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ABCMR Record of Proceedings (cont)                                         AR20120007531



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