IN THE CASE OF:
BOARD DATE: 2 July 2013
DOCKET NUMBER: AR20120020332
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 deployment to Grenada.
2. He states his deployment to Grenada is missing from his DD Form 214.
3. He provides:
* Army Commendation Medal (ARCOM) Certificate
* DA Form 2166-6 (Enlisted Evaluation Report)
* Headquarters, 82d Airborne Division, Certificate of Service
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. On 21 June 1973, the applicant enlisted in the Regular Army.
3. On 13 December 1983, Headquarters, 82d Airborne Division, Fort Bragg, NC, issued Permanent Orders 217-327 announcing award of the ARCOM with 3rd Oak Leaf Cluster to the applicant for meritorious achievement during the period 25 October to 2 November 1983.
4. His records include an ARCOM Certificate showing he was awarded the ARCOM with 3rd Oak Leaf Cluster for meritorious achievement in connection with his deployed service in Grenada during the period 25 October to 2 November 1983.
5. He retired on 31 August 2004. Item 18 (Remarks) of his DD Form 214 does not contain an entry documenting a deployment to Grenada.
6. He provides a DA Form 2166-6 for the period May 1983 through January 1984 which cites, in part, his performance during combat operations in Grenada.
7. He provides a Headquarters, 82d Airborne Division, Certificate of Service which certifies that he deployed with the 82d Airborne Division to Grenada during the period 25 October to 3 November 1983.
8. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.
DISCUSSION AND CONCLUSIONS:
1. The applicant was awarded the ARCOM with 3rd Oak Leaf Cluster for meritorious achievement in connection with his deployed service in Grenada during the period 25 October to 2 November 1983. He also provides a Certificate of Service issued by Headquarters, 82d Airborne Division, showing he served in Grenada from 25 October to 3 November 1983.
2. The Certificate of Service appears to be the more accurate account of his deployed service. Therefore, it would be appropriate to add a statement to item 18 of his DD Form 214 documenting this service.
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 the following entry to item 18 of his DD Form 214: "SERVICE IN GRENADA FROM 19831025-19831103."
_______ _ _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) AR20120020332
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ABCMR Record of Proceedings (cont) AR20120020332
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