IN THE CASE OF:
BOARD DATE: 24 September 2013
DOCKET NUMBER: AR20130003442
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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Grenada.
2. The applicant states his record does not show his foreign service in Grenada.
3. The applicant provides:
* DA Form 2A (Personnel Qualification Record Part I)
* DA Form 2-1 (Personnel Qualification Record Part II)
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 8 November 1982. He entered active duty, completed one station unit training (OSUT) at Fort Sill, OK, and he was awarded military occupational specialty 13F (Fire Support Specialist). Following the completion of OSUT, he was reassigned to Fort Benning, GA, to complete the basic airborne course.
3. Upon completion of the basic airborne course, he was assigned to
1st Battalion (Airborne), 319th Field Artillery Regiment, 82nd Airborne Division, Fort Bragg, NC.
4. Item 27 (Remarks) of his DA Form 2-1 contains the entry, "DY (duty) IN IMMINENT DANGER PAY AREA (GRENADA) (831024 831102).
5. Permanent Orders 5-25, issued by Headquarters, 82nd Airborne Division, Fort Bragg, dated 10 January 1984, awarded him the Army Commendation Medal for meritorious achievement during operations in Grenada during the period
5 October 1983 through 22 November 1983.
6. On 21 January 1985, he was discharged from the Army after completing
2 years, 2 months, and 14 days of creditable active service. Item 12f (Record of Service Foreign Service) of his DD Form 214 contains the entry "00 00 00."
7. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. The version in effect at the time did not provide for the listing of a Soldier's deployment in the Remarks section during the period covered by the DD Form 214.
8. Army Regulation 635-5, currently in effect, states for an active duty Soldier deployed to a foreign country 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 block 18 (Remarks).
9. Army Regulation 635-5 further states for item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214.
DISCUSSION AND CONCLUSIONS:
The evidence of record shows the applicant served in Grenada during the period 24 October 1983 through 2 November 1983, a period of 9 days. At the time of
his separation, there was no regulatory provision to list the foreign country location or inclusive dates a Soldier deployed to on the DD Form 214. However, current standards allow for such entry. Therefore, there is no harm to the Army or the applicant if his DD Form 214 is corrected to show this period of foreign service.
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:
* deleting from item 12f of his DD Form 214 the current entry and replacing it with the entry "00 00 09"
* adding to item 18 of his DD Form 214 the entry "SERVICE IN GRENADA FROM 19831024 - 19831102"
____________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) AR20110019980
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ABCMR Record of Proceedings (cont) AR20130003442
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