RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:            12 SEPTEMBER 2006
      DOCKET NUMBER:   AR20060002432


      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. Deyon D. Battle               |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Allen Raub                    |     |Chairperson          |
|     |Ms. Linda Barker                  |     |Member               |
|     |Mr. Qawly Sabree                  |     |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 that his Certificate of Release or Discharge (DD
Form 214) be corrected to show his overseas combat service.

2.  The applicant states that he served in the Panama Conflict and that his
service is not reflected on his DD Form 214.

3.  The applicant provides no additional documentation in support of his
application.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
which occurred on 26 January 1990.  The application submitted in this case
is dated 3 February 2006.

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 limitations 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.  On 6 August 1981, he enlisted in the Pennsylvania Army National Guard
(PAARNG) for 6 years, in the pay grade of E-1.  After completing 2 years,
11 months and 5 days of service in the PAARNG, he submitted a request for
release from the PAARNG to enlist in a United States Army Reserve (USAR)
unit closer to his home of record.

4.  On 31 October 1984, the applicant enlisted in the USAR in Uniontown,
PA, for 4 years.  He reenlisted in the USAR for 8 years on 11 December
1986, under the Delayed Entry Program.

5.  On 27 January 1987, he enlisted in the Regular Army (RA) in Pittsburgh,
PA, for 3 years, in the pay grade of E-2.  He was assigned an infantryman
military occupational specialty.  At the time of the applicant's RA
enlistment, he was transferred to Fort Polk, Louisiana (LA), and was
assigned to Company B, 4th Battalion, 6th Infantry.

6.  Although the available evidence indicates that the unit to which the
applicant was assigned was deployed to Panama in support of Operation Just
Cause, there is no evidence in the available records that shows that the
applicant actually deployed with his unit.

7.  On 26 December 1990, the applicant was honorably discharged at the
expiration of his term of service.  He had completed 3 years of net active
service. The DD Form 214 that he was furnished at the time of his discharge
indicates that he had no foreign and or sea service while he was on active
duty.  It also indicates that he was assigned to Company B, 4th Battalion,
6th Infantry, 5th Infantry Division, Forces Command, FC, at the time of his
discharge.

8.  Army Regulation 635-5 prescribes the separation documents which are
prepared for individuals upon retirement, discharge, or release from active
military service or control of the Army.  It establishes standardized
policy for preparing and distributing the DD Form 214.  It states, in
pertinent part, that a DD Form 214 will be prepared for all personnel at
the time of their retirement, discharge, or release from the active Army.
It further states the total active duty outside continental limits of the
United States for the period covered by the DD Form 214 will be included
therein.

DISCUSSION AND CONCLUSIONS:

1.  There or no orders; leave and earning statements; or any other official
documentation in his available records that shows that the applicant
deployed to Panama in support of Operation Just Cause, when his unit
deployed, or that he had any overseas combat service while he was in the RA
during the period covered by the DD Form 214 in question.

2.  The applicant's contentions have been noted.  However, the available
records show that he was assigned to Fort Polk, Louisiana (LA), from the
time of his enlistment in the RA until the day of his discharge.

3.  It appears that the applicant's DD Form 214 was prepared in accordance
with the applicable regulation and, in the absence of evidence to the
contrary, it must be presumed that what the Army did in his case was
correct.

4.  In order to justify correction of a military record the applicant must
show 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.


5.  In view of the foregoing, there is no basis for granting the
applicant's request.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 26 January 1990; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 25 January 1993.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___RA __  ___LB___  __QS ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.




                                  ______Allen Raub_______
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060002432                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20060912                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |19900126                                |
|DISCHARGE AUTHORITY     |AR 635-200, Ch 4                        |
|DISCHARGE REASON        |ETS                                     |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |AR 15-185                               |
|ISSUES         1.  189  |110.0000/SEPARATION DOCUMENT            |
|2.  3                   |110.0100`/CHANGE DATE                   |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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