RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 December 2006
      DOCKET NUMBER:  AR20060004256


      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             |
|     |Mr. G. E. Vandenberg              |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Patrick H. McGann, Jr.        |     |Member               |
|     |Mr. Donald W. Steenfott           |     |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 DD Form 214 (Certificate of Release or
Discharge from Active Duty) to show additional periods of overseas service.

2.  The applicant states he served in Panama, from August 1988 to December
1988 and March 1990 to August 1990; Jordan, from September 1989 to November
1989; and Saudi Arabia/Iraq from October 1990 to May 1991.

3.  The applicant provides copies of a letter of commendation and four
award certificates.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 9 December 1991, the date of his separation.  The application
submitted in this case is dated 15 March 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.  The records show the applicant entered active duty on 2 February 1988,
completed training, and was awarded the military occupational specialty
(MOS 95B (Military Policeman).

4.  On 21 September 1988 the applicant received a Letter of Commendation
from the Commanding Officer, Fort Clayton, Panama, for his actions on the
night of 10 – 11 September 1988.

5.  The applicant received a Certificate of Participation from the U. S.
Central Command – Joint Task Force Alpha for participation in Shadow
Hawk/Eager Light 90.

6.  On 26 October 1990 the applicant received a Certificate of Achievement
from the 759th Military Police Battalion for his service, in the Republic
of Panama, for the period 23 March 1990 to 28 July 1990 during Operation
“Promote Liberty”.
7.  The applicant was awarded the Army Achievement Medal for meritorious
achievement from 27 October 1990 through 17 April 1991 for his performance
of his military police battlefield circulation control duties during
Operations Desert Shield and Desert Storm.

8.  The applicant received a certificate of participation from
Headquarters, XVIII Airborne Corps, Saudi Arabia for service in support of
Operation Desert Storm.

9.  The applicant was honorably separated from active duty on 9 December
1991 with 3 years, 10 months, and 8 days of service.  His DD Form 214 lists
his foreign service as 5 months and 21 days with award of the Southwest
Asia Service Medal with two bronze service stars.

10.  The DA Form 2-1 (Personnel Qualification Record) shows at:

      1.  Item 5 (Overseas Service), lists service from 27 October 1990
through 17 April 1991 in Saudi Arabia;


      2.  Item 9 (Awards), shows participation in the Defense of Saudi
Arabia and Defense and Liberation of Kuwait campaigns; and

      3.  Item 35 (Record of Assignments) does not list any assignments
outside of the continental United States.


11.  The applicant’s Official Military Personnel File contains no
information related to his service except the documentation prepared at the
time of his entry onto active duty, the DA Form 2-1, and his DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant served in Saudi Arabia and Iraq for the period 27 October
1990 through 17 April 1991.  This is the 5 months and 21 days period of
foreign service reflected on his DD Form 214.

2.  The Certificate of Achievement from the 759th Military Police Battalion
supports the fact that the applicant served in Panama from 23 March 1990 to
28 July 1990 (4 months and 5 days) during Operation Promote Liberty.  The
records should be corrected to show this period of overseas service.

3.  Other than the two days noted in the 21 September 1988 Letter of
Commendation there is no additional documentation to validate the
applicant’s first period of service in Panama.  Therefore, it is
inappropriate to include this time on the DD Form 214.

4.  Based on the above findings, the applicant’s DD Form 214 should be
corrected to show that the applicant had 9 months and 28 days of foreign
service.

5.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 9 December 1991, therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 8 December 1994.  The applicant did not file within
the 3-year statute of limitations; however, based on the available
evidence, it would be in the interest of justice to excuse failure to
timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

_LDS___  ___PHM_  __DWS__  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 showing that the
applicant had 9 months and 28 days of foreign 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
the applicant’s service in Panama for the period August 1988 to December
1988.




                            _      Linda D. Simmons________
                                      CHAIRPERSON

                                    INDEX

|CASE ID                 |AR20060004256                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20061005                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |  . . . . .                             |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |100                                     |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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