IN THE CASE OF:
BOARD DATE: 11 August 2009
DOCKET NUMBER: AR20090002345
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal, Overseas Service Ribbon, and Combat Infantryman Badge.
2. The applicant states he served in Panama with Company A, 2nd Battalion, 187th Infantry and he is entitled to the above awards.
3. The applicant provides a copy of his DD Form 214 and a copy of a 1st endorsement, subject: Order 125-48, dealing with his transfer from Panama to Fort Jackson, SC for discharge in June 1986.
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 served as a Regular Army infantryman from 1 November 1983 to 19 June 1986. He served in Panama with Company A, 2nd Battalion, 187th Infantry from on or about May 1985 to on or about 9 June 1986.
3. On 19 June 1986, the applicant was discharged by reason of physical disability with severance pay. His DD Form 214 shows he was awarded the Army Service Ribbon, Army Lapel Button, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Grenade Bar. It does not show the Armed Forces Expeditionary Medal, Overseas Service Ribbon, or Combat Infantryman Badge.
4. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides:
a. The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations: (1) U.S. military operations; (2) U.S. operations in direct support of the United Nations; and (3) U.S. operations of assistance for friendly foreign nations. The medal is authorized for issue to troops who served in Panama during Operation Just Cause (20 December 1989 to 31 January 1990).
b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. The Joint Federal Travel Regulation (JFTR), in Appendix Q, requires a minimum 24 months in Panama for completion of a normal unaccompanied tour.
c. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Combat Infantryman Badge is authorized for award for Operation Just Cause in Panama (20 December 1989 to 31 January 1990).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is entitled to the Armed Forces Expeditionary Medal, Overseas Service Ribbon, and the Combat Infantryman Badge.
2. To be eligible for the Armed Forces Expeditionary Medal or the Combat Infantryman Badge, the applicant must have served in Panama between December 1989 and January 1990. He was not in the Army during this period. Therefore, he is not eligible to receive the medal or the badge.
3. In order to receive the Overseas Service Ribbon, the applicant must have served 24 months in Panama; he did not. He is not eligible for this award.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ___X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
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.
_______ _ _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) AR20090002345
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090002345
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2009 | 20090015023
The applicant requests, in effect, correction of his 30 April 1992 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his service in Vietnam, Grenada, Panama, and Southwest Asia and all awards and decorations to which he may be entitled for these duty assignments. The applicant provides * DD Forms 149 (Application for Correction of Military Records) dated 15 August 2009, 9 September 2009, and 11 September 2009 * Military Service Data documentation * DD Forms 214 for...
ARMY | BCMR | CY2014 | 20140019423
The applicant requests an upgrade of his general discharge and correction of his records to show all authorized awards. The applicant's DD Form 214 shows he was discharged on 15 June 1990 under the provisions of Army Regulation 635-200, paragraph 14-12c, based on commission of a serious offense, with service characterized as under honorable conditions (general). A review of the U.S. Army Human Resources Command, Awards and Decorations Branch, "Approved Unit Awards" listing shows the 5th...
ARMY | BCMR | CY2013 | 20130008842
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show two awards of the Overseas Service Ribbon and the Armed Forces Expeditionary Medal. His DD Form 214 shows in: * Item 12f (Foreign Service), he completed 3 years, 11 months, and 22 days of foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized), he was awarded or authorized the - * Bronze Star Medal * Army Commendation Medal...
ARMY | BCMR | CY2010 | 20100021786
Application for correction of military records (with supporting documents provided, if any). The applicant requests award of the Combat Infantryman Badge (CIB). The evidence of record shows he was assigned as an infantryman to an infantry unit and performing infantry duties while on a special mission in Honduras from 5 to 15 August 1984.
ARMY | BCMR | CY2012 | 20120001122
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show any medals or awards to which he is entitled for his participation in support of Operation Just Cause in Panama with Company B, 1st Battalion, 508th Parachute Infantry Regiment, such as the: * Combat Infantryman Badge * Combat Patch * Armed Forces Expeditionary Medal * Army Superior...
ARMY | BCMR | CY2012 | 20120021238
The applicant requests, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal with arrowhead device and a bronze service star to denote participation credit in the Panama Campaign. c. Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea. As a result, the Board...
ARMY | BCMR | CY2015 | 20150001701
BOARD DATE: 22 September 2015 DOCKET NUMBER: AR20150001701 THE BOARD CONSIDERED THE FOLLOWING EVIDENCE: 1. The applicant requests, in effect, correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded the Combat Infantryman Badge (CIB) and all other awards he may have earned, including awards for his service during Operation Just Cause (OJC) in Panama. Qualifying service for this award includes participation in Panama in support of OJC from...
ARMY | BCMR | CY2010 | 20100024255
The applicant requests that his records be corrected to show his award of the Combat Infantryman Badge, awarding him a campaign medal for Operation Just Cause, and to show the correct spelling of his middle name as Aaron. Based on the above facts and findings, it is appropriate to correct the applicant's records to show that in addition to the awards listed on the DD Form 214, the applicant is also authorized the Armed Forces Expeditionary Medal (Panama), Kuwait Liberation Medal-Saudi...
ARMY | BCMR | CY2006 | 20060002285C070205
The applicant requests, in effect, that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show award of the Combat Infantryman Badge (CIB) and to show that he served in El Salvador. The applicant requests that his DD Form be corrected to show the award of the CIB, OSR and to show that he served a tour in El Salvador. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: a. showing the...
ARMY | BCMR | CY2015 | 20150000077
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he was awarded or authorized the Armed Forces Expeditionary Medal with Arrowhead device and the Parachutist Badge with gold combat star. The evidence of record shows the applicant was awarded the Parachutist Badge prior to his service in Panama and that he was awarded the Armed Forces Expeditionary medal for his service in Panama. Department of the Army General Orders Number...