IN THE CASE OF:	  

		BOARD DATE:	  9 June 2009

		DOCKET NUMBER:  AR20080019511 


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, that the Armed Forces Expeditionary Medal for service in Panama be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  

2.  The applicant states that his unit, the 142nd Transportation Aviation Maintenance Company (TAMC) was mobilized to Panama and that he was deployed, with the unit headquarters, in Honduras.  

3.  The applicant provides no documentation to support his request.

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.  Following almost 6 years of active duty, the applicant reenlisted on 1 November 1986.  He had been trained as a utility helicopter mechanic and was assigned to the 142nd TAMC from November 1986 to August 1987 and then with F Company, 1st Battalion, 4th Aviation Regiment until December 1988.  

3.  From December 1988 to March 1989, he attended advanced individual training in another military occupational specialty.  On 7 June 1989 he was recommended for separation for misconduct and was discharged on 19 June 1989.

4.  Army Regulation 600-8-22 (Military Awards) shows that the  Armed Forces Expeditionary Medal was awarded for Operation Just Cause in Panama for the period 20 December 1989 through 31 January 1990.

DISCUSSION AND CONCLUSIONS:

1.  The applicant states that his unit, the 142nd Transport Aviation Maintenance Company (TAMC) was mobilized to Panama and that he was deployed with the unit headquarters in Honduras.  

2.  There is no available evidence to show that the applicant is eligible for the Armed Forces Expeditionary Medal for Operation Just Cause in Panama.  He was discharged before that operation began and therefore did not meet the eligibility criteria for the stated award.

3.  In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the record is in error or unjust.  The applicant has failed to submit evidence that would satisfy this requirement.


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)                                         AR20080019511





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ABCMR Record of Proceedings (cont)                                         AR20080019511



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