IN THE CASE OF:
BOARD DATE: 10 March 2009
DOCKET NUMBER: AR20080016229
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, award of the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states, in effect, that he was stationed in Panama from 30 May 1986 to 24 May 1990 with Headquarters and Headquarters Company, 29th Military Intelligence Battalion. He also states that he participated in Operation Just Cause from 20 December 1989 to 31 January 1990.
3. The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty) and page 3 of his DA Form 2-1 (Personnel Qualification Record) 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 applicants 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 applicants 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 initially enlisted in the Regular Army and entered active duty on 1 August 1984. He completed basic combat training at Fort Knox, Kentucky, and advanced individual training (AIT) at Fort Gordon, Georgia. Upon completion of AIT he was awarded military occupational specialty 31C (Single Channel Radio Operator).
3. The applicants DA Form 2-1 shows in item 5 (Oversea Service) that he served in Panama from 26 May 1986 to 24 May 1990. His DA Form 2-1 also confirms that he was assigned for duty with Headquarters and Headquarters Company, 29th Military Intelligence Battalion at that time.
4. On 7 February 1992, the applicant was honorably discharged from active duty after completing 7 years, 6 months, and 7 days active Federal service. The DD Form 214 issued to him at that time shows in item 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) that he earned the following awards during his active duty tenure: Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Army Good Conduct Medal (2nd Award), Noncommissioned Officer Professional Development Ribbon, Overseas Service Ribbon, Marksman Marksmanship Qualification Badge with Rifle Bar, Army Achievement Medal with 2nd oak leaf cluster, and the Expert Marksmanship Qualification Badge with Grenade Bar.
5. During the processing of this case, a staff member of the Board researched the Department of the Army Center of Military History web site for a list of participating units in Operation Just Cause. This site shows that the 29th Military Intelligence Battalion participated in Operation Just Cause.
6. Army Regulation 600-8-22 (Military Awards) prescribes the policy for the Army awards program. Paragraph 2-12 contains guidance on awarding the AFEM. It states, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. It further indicates that it was authorized for service in Panama during Operation Just Cause for the period from 20 December 1989 to 31 January 1990.
DISCUSSION AND CONCLUSIONS:
The evidence of record confirms the applicant completed 4 years service in Panama from 26 May 1986 to 24 May 1990 and that during his assignment his unit participated in Operation Just Cause. Accordingly, the applicant served in an area or participated in an operation during a qualifying period that would support award of the AFEM. As a result, it would be appropriate to add this award to the applicants record and separation document at this time.
BOARD VOTE:
___x____ ___x____ __x_____ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was sufficient to warrant a recommendation for relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding him the Armed Forces Expeditionary Medal and by issuing him a correction to his separation document to reflect this change.
__________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) AR20080016229
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ABCMR Record of Proceedings (cont) AR20080016229
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