IN THE CASE OF:
BOARD DATE: 5 September 2013
DOCKET NUMBER: AR20130001614
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 the Combat Medical Badge (CMB).
2. The applicant makes no statement.
3. The applicant provides his DD Form 214 and CMB orders.
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 30 December 1980, the applicant enlisted in the Regular Army. He completed training, was awarded the military occupational specialty of 91B (Medical Specialist), and was promoted to pay grade E-4.
3. On 13 December 1983, he was honorably released from active duty. He completed 2 years, 11 months, and 14 days of creditable active service. His DD Form 214 shows he was awarded or authorized:
* Army Service Ribbon
* Parachutist Badge
* Jungle Expert Badge
* Army Good Conduct Medal
* Expert Field Medical Badge
4. Permanent Orders Number 4-285, issued by Headquarters, 82nd Airborne Division, dated 9 January 1984, awarded him the CMB for the period 24 October through 2 November 1983.
5. A Headquarters, 82nd Airborne Division Certificate of Service shows he was deployed to Grenada during the period 24 October through 2 November 1983.
6. His records show he is entitled to an additional award, which he did not request and is not shown on his DD Form 214.
7. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal (AFEM) is awarded for qualifying service after 1 July 1958 in U.S. military 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:
1. Permanent Orders Number 4-285 awarded him the CMB. Therefore, he is entitled to have this award added to his DD Form 214.
2. The available evidence shows he served during a qualifying period of service in Grenada in support of Operation Urgent Fury which entitles him to the AFEM and correction of his DD Form 214 to show this medal.
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 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 adding the CMB and AFEM to 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) AR20130001614
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ABCMR Record of Proceedings (cont) AR20130001614
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