IN THE CASE OF:  	  

		BOARD DATE:  30 September 2014    	  

		DOCKET NUMBER:  AR20140001745 


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:

	a.  he completed Airborne training;

	b.  he was awarded the Army Commendation Medal (ARCOM), Combat Infantryman Badge (CIB), Combat Patch for service during mission Urgent Fury in Grenada, six awards of the Army Achievement Medal (AAM), and awards of the Humanitarian Service Medal (HSM) for service in Grenada in 1983 and for security operations in Fort Indiantown Gap, PA during the Cuban refugee interment.

	c.  he received a Certificate of Service for Deployment to the country of Grenada;

	d.  his diploma for Infantry training and, in effect, to show he completed infantry training; and 

	e.  he received three honorable discharges.

2.  He states someone has either failed to enter the data or his file has been tampered with by personnel.  


3.  He provides:

* DD Form 214
* Supplemental letter
* Letter from the U.S. Army Human Resources Command (HRC), Awards and Decorations Branch
* Diploma from the U.S. Army Infantry School
* Certificates of Achievement
* Certificate of Training
* ARCOM award certificate
* Certificate of Service
* Diploma from the 1st Infantry Training Brigade
* AAM award certificate
* Three Honorable Discharge Certificates

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.  The applicant enlisted in the Regular Army (RA) on 8 April 1980 and was honorably discharged on 10 October 1983 for immediate reenlistment.  

3.  His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:

	a.  item 9 (Awards, Decorations, and Campaigns) entries for award of the Parachutist Badge, Expert Infantryman Badge, HSM, ARCOM-1, Army Good Conduct Medal (2nd Award), AAM (1st Oak Leaf Cluster) indicating two awards of the AAM, Army Service Ribbon, and AAM-1 and AAM-2.  

	b.  item 17 (Civilian Education and Military Schools) he completed:

   (1)  12 weeks of training in the Heavy Anti-Armor Weapons Crewman 
Course at the U.S. Army Infantry Training Center in 1980; 
   (2)  3 weeks of basic Airborne training at the U.S. Army Infantry School in 
1980; 
   
   (3)  4 weeks of training in the Primary Noncommissioned Officer Course 
(NCOC) at the XVIII Airborne Corps in 1982;
   
   (4)  1 week of training in the Tractor-Trailer Course at the XVIII Airborne 
Corps in 1982; and 
   
   (5)  25 weeks of training in the Field Artillery Tactical Fire Direction 
Systems Repairer Course at the U.S. Army Field Artillery School in 1985.

	c.  item 35 (Record of Assignments) he completed one station unit training (OSUT) at Fort Benning, GA in military occupational specialty (MOS) 11H (Heavy Anti-Armor Weapons Crewman) in July 1980.

	d.  item 35 he completed basic Airborne training at Fort Benning, GA and advanced individual training (AIT) in MOS 34Y (Field Artillery Tactical Fire Direction Systems Repairer) in July 1985.

4.  He reenlisted on 11 October 1983.

5.  He provided the following documents which indicate:

	a.  a letter, dated 9 January 2014, from the HRC, Awards and Decorations Branch, he was informed that their office was unable to verify entitlement to the ARCOM or the CIB for his military service.  This office was unable to address his requests concerning having his courses added to his DD Form 214.

	b.  a diploma, dated 31 July 1980, he completed the Airborne Course.

	c.  a Certificate of Achievement, undated, he was commended for his meritorious service during the period 20 August 1980 to 19 September 1980 as an infantryman.  This certificate states he contributed immeasurably to the humanitarian effort on behalf of the Cuban Alien Operations, Fort Indiantown Gap, PA.  

	d.  a Certificate of Achievement, dated 10 December 1980, he was commended for his superior performance in Skill Qualification Test and Expert Infantryman Badge testing during the period 3 through 14 November 1980.

	e.  a Certificate of Achievement, dated 8 March 1982, he was commended for his superior performance of duty as a Tow Gunner during the annual Third Brigade Platoon Competition from 13 to 16 January 1982.

	f.  a Certificate of Achievement, dated 14 October 1983, he was commended for his demonstrated proficiency during the mortar platoon competition.

	g.  a Certificate of Achievement, dated 25 February 1983, he was commended for successfully completing the Anti-Armor Leaders Course, Class 9-83 (two weeks) during the period 14 to 25 February 1983.

	h.  a Certificate of Training, undated, he successfully completed a 30-day course of instruction at Maintenance Division, Directorate of Logistics (DOL).

	i.  an award certificate, dated 10 December 1983, he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in the country of Grenada during the period 25 October to 2 November 1983.  The certificate states in part, "As a Team Leader assigned to Company C, 1st Battalion (Airborne), 505th Infantry, 82nd Airborne Division…His exemplary actions in combat reflects distinct credit upon him, the 82nd Airborne Division and the United States Army."

	j.  a Certificate of Service, undated, he deployed with the 82nd Airborne Division to the country of Grenada during the period 24 October to 2 November 1983.

	k.  a diploma, dated 3 July 1980, he successfully completed the Individual Infantry training at the U.S. Army Infantry Center.

	l.  an award certificate, dated 13 August 1984, he was awarded the AAM (1st Oak Leaf Cluster) for meritorious service from 4 January to 30 September 1984.

	m.  an Honorable Discharge Certificate, he was honorably discharged from the U.S. Army on 10 October 1983.

	n.  an Honorable Discharge Certificate, he was honorably discharged from the U.S. Army on 10 October 1986.

	o.  an Honorable Discharge Certificate, he was honorably discharged from the U.S. Army Reserve (USAR) on 12 October 1989.

6.  He was honorably discharged on 10 October 1986 and transferred to the USAR.  

7.  His DD Form 214 shows in:

	a.  item 12f (Foreign Service) no entry indicating he completed foreign service.

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized (All periods of service)) he was awarded the AAM (1st Oak Leaf Cluster) and ARCOM and no entries for award of the CIB or HSM.

	c.  item 14 (Military Education) he completed 25 weeks of training in the Field Artillery Tactical Fire Direction Systems Repairer in July 1985.

	d.  item 18 (Remarks) an entry indicating immediate reenlistment this period from 11 October 1983 to 9 October 1986.

8.  He was honorably discharged from the USAR on 12 October 1989.

9.  Army Regulation 635-5 (Separation Documents) in effect at the time governed the preparation of the DD Form 214.  It states that the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty.  It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge.  Effective 1 October 1979, DD Forms 214 would no longer be issued for immediate reenlistments and all service would be continuous from the date the last DD Form 214 was issued.  

   a.  It provided that item 14 will list formal in-service training courses of 40 hours or more successfully completed during the period of service covered by title, length in weeks, and month and year completed.  This information is to assist the Soldier after separation in job placement and counseling; therefore, training courses for combat skills are not listed.
   
   b.  It also provided that item 13 of the DD Form 214 will reflect decorations, medals, badges, citations and campaign ribbons awarded or authorized for all periods of service.  Certificates of Achievement, Letters of Appreciation, and similar documents are not recorded on the DD Form 214.



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

	a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

	b.  There are basically three requirements for award of the CIB.  The Soldier must be an infantryman satisfactorily performing infantry duties, he must be assigned to an infantry unit during such time as the unit is engaged in active ground combat, and he must actively participate in such ground combat.  A separate award of the CIB has been authorized for qualified Soldiers in any of four conflicts, including Grenada (23 October to 23 November 1983).  

	c.  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.

	d.  The HSM is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  

	e.  The Armed Forces Expeditionary Medal (AFEM) 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.

11.  Table C-1 of Army Regulation 600-8-22 shows the Grenada Drought Operation (25 April to 23 June 1997 in Martinique, Grenada) was approved by the Department of Defense as qualifying for award of the HSM.  This table does not authorize award of the HSM for service in Grenada in 1983 (Operation Urgent Fury) or for security operations in Fort Indiantown Gap, PA.
12.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a "combat patch."  The regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  Periods of eligibility are announced by Department of the Army and only shoulder sleeve insignia approved for wear by Headquarters Department of the Army are authorized to be worn on the right sleeve of the Army Green and field uniforms to signify wartime service.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 as it is an item of uniform wear and not an award or decoration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he completed Airborne training is acknowledged and determined to have merit.  His DA Form 2-1 and his diploma show he completed 3 weeks of basic Airborne training in July 1980.  Therefore, it would be appropriate to add the basic Airborne Course to his DD Form 214.

2.  The evidence of record shows he was awarded the ARCOM for meritorious achievement in connection with military operations against a hostile force in the country of Grenada during the period 25 October to 2 November 1983.  The ARCOM is properly recorded on his DD Form 214.  His service record is void of evidence and he has not provided any evidence which shows he was recommended for or awarded any additional awards of the ARCOM.  

3.  The evidence of record shows the applicant was awarded MOS 11H and he was assigned to Company C, 1st Battalion (Airborne), 505th Infantry, 82nd Airborne Division while deployed to Grenada.  His ARCOM award certificate confirms he was engaged in combat with the enemy while assigned to his infantry unit in Grenada.  Therefore, there is sufficient evidence to show he met all of the requirements for award of the CIB and correction of his DD Form 214 to show this award.

4.  The applicant's request for correction of his DD Form 214 to show award of the Combat Patch for service during mission Urgent Fury in Grenada is also acknowledged.  However, the Combat Patch is a shoulder sleeve insignia for former wartime service and is an item of clothing wear and not an award or decoration.  Therefore, it is not an authorized for entry on the DD Form 214.

5.  The applicant's Certificate of Service confirms he served in Grenada during the period 24 October to 2 November 1983.  Therefore, item 18 of his DD Form 214 should be amended to reflect his deployment to Grenada.

6.  The applicant's DD Form 214 currently reflects the AAM (1st Oak Leaf Cluster) indicating two awards of the AAM.  However, his service record does not contain orders awarding him any additional awards of the AAM.  Absent such orders, there is an insufficient evidentiary basis for granting him six awards of the AAM.

7.  The evidence of record shows the applicant was awarded the ARCOM for military operations in Grenada during the period 25 October to 2 November 1983.  His Certificate of Achievement (undated) shows he was commended for his meritorious service during the period 20 August 1980 to 19 September 1980 for his humanitarian effort on behalf of the Cuban Alien Operations, Fort Indiantown Gap, PA.  However, Army Regulation 600-8-22 does not authorize award of the HSM for service in Grenada (Operation Urgent Fury) in 1983 (Operation Urgent Fury) or for security operations in Fort Indiantown Gap, PA.  Therefore, he is not eligible for award of the HSM for these operations.

8.  The applicant enlisted in the RA on 8 April 1980 and he was honorably discharged on 10 October 1983 for immediate reenlistment.  He reenlisted on 11 October 1983 and he continued to serve on active duty until he was honorably discharged on 10 October 1986.  He was issued a DD Form 214 which properly reflects this period of active duty service and periods of reenlistments.  

9.  The applicant was honorably discharged from the USAR on 12 October 1989.  The DD Form 214 is meant to reflect active Army service at the time of release from active duty or discharge.  Therefore, his service in the USAR is not authorized to be recorded on his DD Form 214.

10.  The applicant completed qualifying service in support of Operation Urgent Fury in Grenada for award of the AFEM; therefore, this award should be added to his DD Form 214.  

11.  The evidence of record shows the applicant completed the following courses that are not recorded on his DD Form 214:

	a.  4 weeks of training in the Primary NCOC in 1982; 

	b.  1 week of training in the Tractor-Trailer Course at the XVIII Airborne Corps in 1982; and 

	c.  2 weeks of training in the Anti-Armor Leaders Course, Class 9-83 during the period 14 to 25 February 1983.

12.  However, his 11H training is a combat skill and not to be entered on the     DD Form 214.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X____  ___X____  ___X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that the DD Form 214 of the individual concerned be corrected by:

	a.  awarding him the CIB for action during the period 25 October to 2 November 1983; 

   b.  amending item 14 to show the following entries:

   (1)  "Airborne Course, 3 Weeks, July 1980";
   
   (2)  "Primary NCOC, 4 Weeks, 1982";
   
   (3)  "Tractor-Trailer Course, 1 Week, 1982"; and 
   
   (4)  "Anti-Armor Leaders Course, 2 Weeks, February 1983."

	b.  amending item 12f to show the entry "00 00 09";

	c.  amending item 13 to add award of the CIB and AFEM; and 

	d.  amending item 18 to show the entry "SERVICE IN GRENADA FROM 19831024 to 19831102";

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correction of his DD Form 214 to show an additional award of the ARCOM, Combat Patch, 11H training, six awards of the AAM, and awards of the HSM, and his three honorable discharges.



      _______ _  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)                                         AR20140001745



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ABCMR Record of Proceedings (cont)                                         AR20140001745



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