RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        16 December 2004
      DOCKET NUMBER:  AR20040003458


      I certify that hereinafter is recorded the true and complete record
of the proceedings of the Army Board for Correction of Military Records in
the case of the above-named individual.

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Maria C. Sanchez              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Yolanda Maldonado             |     |Chairperson          |
|     |Ms. Maribeth Love                 |     |Member               |
|     |Mr. Ronald J. Weaver              |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that he be issued a DD Form 215
(Correction to Certificate of Release or Discharge From Active Duty) to
show award of the Armed Forces Expeditionary Medal and the "Combat Patch"
[correctly known as the shoulder sleeve insignia – former wartime service].

2.  The applicant states, in effect, that his DD Form 214 (Certificate of
Release or Discharge from Active Duty) does not show award of the Armed
Forces Expeditionary Medal and the shoulder sleeve insignia – former
wartime service.  The applicant continues that his unit, Headquarters and
Headquarters Company, 1st Battalion, 504th Parachute Infantry Regiment,
served in Operation Just Cause in Panama and that his name was listed on
the orders when the unit was awarded the Armed Forces Expeditionary Medal
and the shoulder sleeve insignia – former wartime service.

3.  The applicant provides in support of his application a Headquarters,
United States Army Training Center and Fort Jackson memorandum, dated
13 September 2004; a copy of his DD Form 214 with the separation date
9 August 1990; a copy of his DD Form 214 with the separation date 3 October
1994; a copy of a certificate of participation for Operation Just Cause;
and a copy of U.S. Army Reserve Personnel Center Orders Number C-08-701192,
dated 29 August 1994.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 August 1990, the date of release from active duty and
transferred to the United States Army Reserve (USAR).  The application
submitted in this case is dated 23 January 2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted in the Regular Army on 6 October 1987 for a
period of 3 years.  After completion of his required training, he was
awarded military occupational specialty 94B10 (Food Service Specialist) and
assigned to the Headquarters and Headquarters Company, 1st Battalion, 504th
Parachute Infantry Regiment of the 82d Airborne Division in Fort Bragg,
North Carolina.

4.  Item 9 (Awards, Decorations and Campaigns) of the applicant's DA Form 2-
1 (Personnel Qualification Record) does not show award of the Armed Forces
Expeditionary Medal and shoulder sleeve insignia – former wartime service.

5.  The applicant submitted a copy of a Joint Task Force South certificate
authenticated by a lieutenant general serving in the position of the
Commanding General, Joint Task Force South and by a general serving in the
position of the Commander-in-Chief, Southern Command, which shows he
participated in Operation Just Cause in Panama during the period
20 December 1989 through 20 January 1990.

6.  The applicant submitted a memorandum, dated 13 September 2004, which is
signed by the brigadier general in command of the United States Army
Training Center and Fort Jackson, Fort Jackson, South Carolina.  The
brigadier general was the battalion executive officer of the 504th
Parachute Infantry Regiment at the time the applicant was assigned to the
unit.  This memorandum confirms the applicant's participation in Operation
Just Cause in Panama during the period 26 December 1989 through 12 January
1990.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part,
for award of the Armed Forces Expeditionary Medal 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 Panama in support of Operation Just Cause from 20 December
1989 through 31 January 1990.

8.  Headquarters Department of the Army message with date/time group
061330Z March 1990 announced the authority for wear of the shoulder sleeve
insignia for former wartime service for Operation Just Cause.  This message
states that the following units are authorized to wear their organizational
shoulder sleeve insignia on the right shoulder: U.S. Army South; U.S. Army
Special Operations Command, XVIII Airborne Corps; 5th Infantry Division
(Mechanized); 7th Infantry Division (Light); 82d Airborne Division; 1st
Special Operations Command; 193d Infantry Brigade; 1st Corps Support
Command; 16th Military Police Brigade; 18th Aviation Brigade; 35th Signal
Brigade; 7th Special Forces Group; 75th Ranger Regiment; 1st, 2d, and 3d
Battalions; 75th Ranger Regiment; 470th Military Intelligence Brigade;
525th Military Intelligence Brigade; 44th Medical Brigade; and 1109th
Signal Brigade.

9.  Army Regulation 670-1 governs the requirements for wear of the shoulder
sleeve insignia for former wartime service, commonly referred to as a
"combat patch."  In pertinent part, 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.


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he should be awarded the Armed Forces
Expeditionary Medal and that his DD Form 214 should be amended to show this
award.

2.  Records show that the applicant served a qualifying period of service
in support of Operation Just Cause.  Therefore, the applicant's records
should be corrected to show award of the Armed Forces Expeditionary Medal.

3.  The applicant contends he should be awarded the shoulder sleeve
insignia – former wartime service and that his records should be amended to
show this award.

4.  The applicant's unit was authorized by DA Message 061330Z MAR 90 to
wear the shoulder sleeve insignia – former wartime service.

5.  The applicant's DA Form 2-1 does not show award of the shoulder sleeve
insignia - former wartime service, therefore, his DA Form 2-1 should be
corrected to show this shoulder sleeve insignia.

6.  There are no provisions for entering the shoulder sleeve insignia -
former wartime service on the DD Form 214.  Therefore, there is no basis to
annotate the applicant's DD Form 214 as requested.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

____ym__  __rjw___  __ml ____  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 and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by awarding the Armed
Forces Expeditionary Medal and correcting his DA Form 2-1 to show the
shoulder sleeve insignia – former wartime service.

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
show award of the shoulder sleeve insignia on his DD Form 214.




                            ___Yolanda Maldonado    __
                                      CHAIRPERSON


                                    INDEX

|CASE ID                 |AR20040003458                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2004/12/16                              |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.  46   |107.0000/shoulder sleeve insignia       |
|2.  118                 |107.0072/AFEM                           |
|3.  189                 |110.0000/DD Form 214                    |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]