IN THE CASE OF:	  

		BOARD DATE:	  11 June 2014

		DOCKET NUMBER:  AR20130019279 


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 deployment to Grenada from 27 October to 19 November 1983
* his award of the Air Medal
* his three awards of the Army Achievement Medal (AAM)
* his award of the Army Good Conduct Medal (AGCM)

2.  The applicant states he was deployed to Grenada.  Most of the awards were completed during or after his separation from active duty.  He assumed his records were correct.

3.  The applicant provides copies of:

* DD Form 214 
* Permanent Orders 24-1, 101st Airborne Division, dated 3 February 1983
* Certificate for award of the Army Commendation Medal, issued on          29 December 1983
* Certificate of Service, 82nd Airborne Division, dated 11 January 1984
* Permanent Orders 14-73, 82nd Airborne Division, dated 25 January 1984
* Certificate for award of the Air Medal, issued on 9 February 1984
* Certificate for award of the AGCM for the period 17 February 1981 to      16 February 1984
* Permanent Orders 25-135, 82nd Airborne Division, dated 5 March 1984
* Certificate for award of the AAM, issued 5 March 1984
* Certificate for award of the AAM, issued 15 March 1984
* Honorable Discharge Certificate from the U.S. Army Reserve, dated       19 December 1990

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 17 February 1981, the applicant enlisted in the Regular Army.  He completed training as a tactical transport helicopter repairman.

3.  On 1 October 1982, the applicant was advanced to specialist four, pay grade E-4.

4.  Permanent Order 24-1, 101st Airborne Division, dated 3 February 1983, announced award of the AAM to the applicant for meritorious service from 
16 July 1981 to 27 January 1983.

5.  A certificate for award of the Army Commendation Medal, provided by the applicant, states he was deployed to Grenada from 27 October to 19 November 1983 with the 1st Squadron (Air), 17th Cavalry, 82nd Airborne Division.

6.  A Certificate of Service, dated 11 January 1984, states the applicant had deployed to Grenada from 31 October to 18 November 1983.

7.  Permanent Orders 14-73, 82nd Airborne Division, dated 25 January 1984, announced award of the Air Medal to the applicant for meritorious achievement from 27 October to 19 November 1983.



8.  On 16 February 1984, the applicant was released from active duty (REFRAD) and transferred to the U.S. Army Reserve Control Group (Reinforcement).  He had completed 3 years of creditable active duty service.  His DD Form 214 shows his awards as:

* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle and Grenade Bars
* Air Assault Badge
* Aircraft Crewman Badge
* Army Achievement Medal
* Army Commendation Medal

9.  The Record of Service block and the Remarks block of the applicant's 
DD Form 214 do not show any foreign service or comment pertaining to his deployment.

10.  A Certificate for award of the Army Good Conduct Medal indicates he received this medal for exemplary behavior from 17 February 1981 to 
16 February 1984.  There are no available orders announcing the award of this medal.

11.  Permanent Orders 25-135, 82nd Airborne Division, dated 5 March 1984, announced award of the AAM to the applicant for meritorious service from 
21 April 1983 to 16 February 1984.  The accompanying certificate states in the citation that he had contributed immeasurably to the 82nd Airborne Division's combat readiness through his superb performance, professionalism, determination, and enthusiastic approach to duty.

12.  A certificate for award of the AAM (First Oak Leaf Cluster), dated 15 March 1984, indicates that the applicant received this medal for meritorious achievement on 8 December 1983.  His superb performance of duty contributed markedly to the success of a "No-Notice Nuclear, Biological, and Chemical Callout."  There are no available orders announcing the award of this medal.

13.  Army Regulation 600-8-22 (Military Awards):

	a.  The AAM is awarded to members of the Armed Forces of the United States, who while serving in a noncombat area on or after 
1 August 1981, distinguished themselves by meritorious service or achievement. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of active Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

14.  Army Regulation 635-5 (Separation Documents), as then in effect, provided detailed instructions for completing separation documents, including the DD Form 214.   In 2000, this regulation was amended to require that Item 18 (Remarks) contain the following entry for Regular Army Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests, in effect, correction of his DD Form 214 to show:

* his deployment to Grenada from 27 October to 19 November 1983
* his award of the Air Medal
* his three awards of the AAM
* his award of the AGCM

2.  The available evidence shows that the applicant was deployed to Grenada from 27 October to 19 November 1983 (24 days).  Therefore, his foreign service should be shown on his DD Form 214, as well as entering the appropriate remark.

3.  Permanent orders show the applicant was awarded the Air Medal and two AAMs.  Therefore, these awards should be shown on his DD Form 214.

4.  The applicant has provided a copy of a certificate showing he was awarded a third AAM for achievement on 8 December 1983.  It was not issued until after his REFRAD.  Unfortunately, the orders announcing this award are not available for review.  Normally, recognition of a personal decoration without having the order is not granted.  However, when considering all of the applicant's evidence in this case, it becomes very reasonable to understand why the orders would be missing from his records.  Accordingly, it would be appropriate to make an exception in this case and show his third AAM on his DD Form 214.

5.  The available evidence contains a certificate indicating the applicant was awarded the AGCM for his entire period of active duty service.  The corresponding orders announcing the award of this medal are not available for 
review.  However, when considering the overall service of the applicant, to include his multiple personal decorations for service and achievement, his attainment of specialist four and his honorable characterization of service after completion of his required 3 years of active duty service, it would be appropriate to show the AGCM on his DD Form 214.

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:

	a.  deleting from his DD Form 214 the Army Achievement Medal;

	b.  adding to his DD Form 214:

* Air Medal
* Army Achievement Medal (3 awards)
* Army Good Conduct Medal

	c.  showing his foreign service as 24 days; and

	d.  adding the remark: "SERVICE IN GRENADA FROM 19831027 - 19831119."




__________ _   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)                                         AR20130019279





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ABCMR Record of Proceedings (cont)                                         AR20130019279



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