BOARD DATE: 13 December 2012
DOCKET NUMBER: AR20120010127
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:
a. the Armed Forces Expeditionary Medal (AFEM) be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty); and
b. his DD Form 214 be corrected to show he participated in Operation Urgent Fury in Grenada.
2. The applicant states the AFEM and his participation in Operation Urgent Fury were omitted from the file/paperwork.
3. The applicant provides no documentary evidence.
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 enlisted in the Regular Army on 20 April 1982 for a period of 4 years. He completed training and was awarded military occupational specialty 95B (military police). On 17 January 1985, he was honorably discharged for immediate reenlistment. He reenlisted on 18 January 1985, for a period of
3 years. On 21 October 1986, he was discharged under honorable conditions.
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record) is blank. Item 35 (Record of Assignments) shows he was assigned to the 118th Military Police Company at Fort Bragg, NC, from 24 September 1982 to 21 October 1986.
4. There is no evidence of record that shows he participated in Operation Urgent Fury in Grenada in 1983.
5. Army Regulation 600-8-22 (Military Awards) 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. Qualifying service for non-unit direct support personnel in Grenada is 6 consecutive days or 12 non-consecutive days.
DISCUSSION AND CONCLUSIONS:
Since there is no evidence of record and he provided no evidence that shows he participated in Operation Urgent Fury in Grenada in 1983, there is no basis for granting his requests.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x_____ ___x_____ __x___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20120010127
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ABCMR Record of Proceedings (cont) AR20120010127
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