BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120008801
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 the correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Combat Infantryman Badge.
2. The applicant states he was awarded the Combat Infantryman Badge while he was on active duty during the invasion of Grenada. However, it is not shown on his DD Form 214.
3. The applicant provides a newspaper article and a 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 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 23 November 1977 and he held military occupational specialties (MOS) 11B (Infantryman) and 75E (Personnel Action Specialist).
3. He was assigned to the 1st Battalion, 508th Infantry, 82nd Airborne Division, Fort Bragg, NC, as an 11B from 27 April 1978 to 31 March 1984.
4. He was honorably discharged on 30 July 1990 in the rank/grade of sergeant/E-5. He completed 12 years, 8 months, and 8 days of net active service.
5. The DD Form 214 he was issued does not show award of the Combat Infantryman Badge or the Armed Forces Expeditionary Medal. His record is void of orders for the Combat Infantryman Badge.
6. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 (Personnel Qualification Record Part II) does show the Combat Infantryman Badge and the Armed Forces Expeditionary Medal.
7. The applicant provides a Headquarters, 82nd Airborne Division Certificate of Service, undated, that stated the applicant deployed with the 82nd Airborne Division to the country of Grenada during the period 26 October to 11 November 1983.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer persons who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental, or smaller size. The Combat Infantryman Badge is authorized for award for qualifying service in Grenada from 23 October to 21 November 1983.
9. Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal 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.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant held an infantry MOS and was assigned to an infantry unit during 1983. He provides a certificate that shows he served in Grenada from 26 October to 11 November 1983. Although his record is void of orders for award of the Combat Infantryman Badge, his DA Form 2-1 shows he was awarded this badge. In addition, his DA Form 2-1 shows he was also awarded the Armed Forces Expeditionary Medal. Therefore, it would be appropriate to correct his DD Form 214 accordingly.
BOARD VOTE:
___x__ ___x_____ ____x____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined the evidence presented is 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 to his DD Form 214 the Combat Infantryman Badge and the Armed Forces Expeditionary Medal.
_______ _ 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) AR20120008801
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ABCMR Record of Proceedings (cont) AR20120008801
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