IN THE CASE OF:	  

	BOARD DATE:	  15 July 2008

	DOCKET NUMBER:  AR20080001189 


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 his separation document (DD Form 214) be corrected to reflect his service in Panama and that he be provided a copy of his orders.    

2.  The applicant states, in effect, that there is no record of his service in Panama in his record, and he wishes to have his DD Form 214 reflect this service and to be provided a copy of his orders.  

3.  The applicant provides a leave and earnings statement (LES), Letter of Appreciation, and third-party statements in support of his application.  

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.  The applicant's record shows that he enlisted in the Regular Army and entered active duty on 11 March 1980, and was trained in and awarded military occupational specialty (MOS) 95B (Military Police).  

3.  The applicant's Personnel Qualification Record (DA Form 2-1) confirms he was promoted to specialist (SPC) on 11 September 1988, and that this is the highest rank he attained while serving on active duty in Item 18 (Appointments and Reductions). 

4.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 is blank.  Item 35 (Record of Assignments) shows that subsequent to his completion of training in July 1987, he was assigned to Fort Ord, California, where he served until his release from active duty (REFRAD) on 10 March 1990.  It also shows that while at Fort Ord, he was assigned to the 571st Military Police (MP) Company from 
31 July 1987 through 30 March 1988, and to the 7th MP Company from 
31 March 1988 through the date of his REFRAD. 

5.  The applicant's Official Military Personnel File is void of any orders or other documents that indicate he was ever assigned to or served in Panama. 

6.  On 10 March 1990, the applicant was honorably REFRAD after completing 
3 years of active military service.  Item 12f (Foreign Service) shows he completed no overseas service during his tenure on active duty, and Item 18 (Remarks) is void of an entry documenting any deployed service with his unit.  Item 13 (Decorations, Medals, Badges, Commendations and Campaign Ribbons Awarded or Authorized) shows he earned the following awards during his active duty tenure:  Army Lapel Button, Army Service Ribbon, Army Good Conduct Medal, Marksman Marksmanship Qualification Badge with Rifle and Pistol Bars, Expert Marksmanship Qualification Badge with Grenade Bar, and Multinational Force and Observers Medal.  Item 18 is void of any entry documenting deployed service in Panama, and the applicant authenticated this document with his signature in Item 21 (Signature of Member Being Separated) on the date of his REFRAD.  

7.  The applicant provides a LES that indicates he received overseas pay during the month of February 1990, and that imminent danger pay was stopped as of 
30 January 1990.  He also provides a Headquarters, Military Police Command (Theater) Provisional, Panama, Memorandum, dated 2 February 1990, 
Subject:  Letter of Appreciation, signed by the Chief, Customs Division.  This document recognizes several Soldiers of the 1st Platoon, 7th MP Company, for the assistance they rendered during various redeployment actions during Operation Just Cause.  
8.  The applicant also provides two third-party statements from members who confirm they served with him in Panama during Operation Just Cause from December 1989 through February 1990.  

9.  A review of the unit history of the 7th MP Company confirms the unit was a member of Task Force Atlantic and served in Panama in support of Operation Just Cause.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It also establishes standardized policy for preparing and distributing the DD Form 214.  Chapter 2 contains item-by-item instructions for preparation of the DD Form 214.  The instructions for Item 12f state to enter the total amount of foreign service completed during the period covered by the DD Form 214.  The instructions for Item 18 state, in pertinent part, that for an active duty Soldier deployed 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 added to Item 18.   

DISCUSSION AND CONCLUSIONS:

1.  The applicant's claim that his service in Panama should be reflected on his DD Form 214 was carefully considered and found to have merit.  The history of the applicant's unit (7th MP Company) confirms it was part of Task Force Atlantic and served in Panama in support of Operation Just Cause, and the applicant provides a February 1990 LES that shows he received overseas pay that month, and that imminent danger pay he had been receiving was stopped as of 
30 January 1990.  These facts, coupled with the corroborating information contained in the third-party statements provided by the applicant, which indicate he served in Panama from December 1989 through February 1990, is sufficiently compelling to support granting this portion of the requested relief.  As a result, it would be appropriate and serve the interest of equity and justice to amend Item 12f of his DD Form 214 by deleting the current entry and replacing it with the entry "0000  03  00"; and by adding the statement "SERVICE IN PANAMA FROM DECEMBER 1980 THROUGH FEBRUARY 1990."

2.  Notwithstanding the conclusions that lead to the recommendation to correct his DD Form 214 outlined in the preceding paragraph, there are no orders or other documents on file in the applicant's OMPF related to his deployment to or service in Panama.  Absent specific information regarding his Panama service or documents and/or orders that directed his deployment, there is insufficient information to reconstruct an order regarding this service.  As a result, there is an insufficient evidentiary basis to grant this portion of the requested relief. 
BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his 10 March 1990 DD Form 214 by deleting the current entry in Item 12f and replacing it with the entry "0000  03  00" and by adding the entry "SERVICE IN PANAMA FROM DECEMBER 1989 THROUGH FEBRUARY 1990"; and by providing him a correction to his separation document that reflects these changes.  

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 issuing orders for his Panama deployment and/or service.  




       _    _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)                                         AR20080001189



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ABCMR Record of Proceedings (cont)                                         AR20080001189


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