BOARD DATE: 14 May 2015
DOCKET NUMBER: AR20140016677
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 he received combat related awards and a Combat Patch due to his participation in Operation Urgent Fury in 1983.
2. The applicant states:
* he was part of the 82nd Airborne Division's Rapid Deployment Force, and a member of the 313th Military Intelligence Battalion
* he participated in Operation Urgent Fury in 1983 in the U.S. military support of the people of Grenada
3. The applicant does not provide any supporting documentation.
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. On 27 October 1982, the applicant enlisted in the Regular Army (RA). He completed initial training and was awarded military occupational specialty (MOS) 44B (Metal Worker).
3. He was assigned to Company B, 313th Military Intelligence Battalion, 82nd Airborne Division in Fort Bragg, NC from 27 April 1983 to 13 January 1987.
4. On 16 December 1985, he reenlisted in the RA and was awarded MOS 17K (Ground Surveillance Radar Crewman).
5. Upon completion of the basic airborne course, he was assigned to
1st Battalion (Airborne), 319th Field Artillery Regiment, 82nd Airborne Division, Fort Bragg, NC.
6. His DA Form 2-1 (Personnel Qualification Record), item 5 (Overseas Service) shows no foreign service.
7. On 8 December 1988, he was honorably discharged after completing 6 years, 1 month, and 12 days of creditable active service. Item 12f (Record of Service Foreign Service) of his DD Form 214 contains the entry "00 00 00."
8. Army Regulation 635-5 (Separation Documents) , then in effect, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It established 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.
9. Later versions of the Army Regulation 635-5, stated 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 item 18 (Remarks).
10. Army Regulation 635-5 further stated for item 12f, to enter the total amount of foreign service completed during the period covered by the DD Form 214.
11. Army Regulation 670-1, states authorization to wear a shoulder sleeve insignia indicating former wartime service ( i.e., a Combat Patch") applies only to Soldiers who are assigned to U.S. Army units which meet all the following criteria:
a. The theater or area of operation to which the unit is assigned must have been declared a hostile environment by the Secretary of the Army or higher, or a Declaration of War must have been passed by Congress.
b. The units must have actively participated in or supported ground combat operations against hostile forces in which they were exposed to the threat of enemy action or fire either directly or indirectly.
DISCUSSION AND CONCLUSIONS:
1. There is no evidence of record that shows the applicant served in Grenada in 1983. Therefore, there is no basis for changing his DD Form 214 to show foreign service in Grenada or that he was received or is authorized any combat related awards.
2. Additionally, Combat Patches are not listed on the DD Form 214.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ __X__ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
________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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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20140016677
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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