IN THE CASE OF:	

		BOARD DATE:	13 August 2009    

		DOCKET NUMBER:  AR20090003028 


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 his correct Social Security Number (SSN) as 289-xx-xxxx.  He also requests that his DD Form 214 be corrected to show his service in Panama in support of Operation Just Cause and any and all awards pertaining to his Panama service.

2.  The applicant states that he served with the 160th Special Operations Command in support of Operation Just Cause in Panama from 19 December 1989 to 3 January 1990 and that his service is not shown on his DD Form 214.  He states that he did not receive any awards associated with this deployment.  He also states that his SSN is incorrect on his DD Form 214 and that he has attempted to have it corrected on several occasions with no luck.

3.  The applicant provides a copy of his Officer Record Brief; a copy of his DD Form 214, dated 1 May 1990; a copy of a Social Security Administration (SSA) printout, dated 28 July 2009, verifying his SSN; and a copy of Permanent Orders 54-210 and a certificate, dated 14 December 1980, showing award of the Army Commendation Medal, in support of his request.  

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 records show he enlisted in the U.S. Army Reserve (USAR) as a cadet on 18 January 1982.  Item 2 (Social Security Number) of his DD Form 4 (Enlistment /Reenlistment Document) shows his SSN as "298-xx-xxx."  He authenticated this form by placing his signature in the appropriate place.  

3.  On 16 September 1982, the applicant submitted an application for appointment as a USAR commissioned officer.  He again listed his SSN as   "298-xxx-xxx" and authenticated this form by placing his signature in the appropriate place.

4.  The applicant’s records show he was appointed as a second lieutenant in the Signal Corps of the USAR and executed an oath of office on 14 May 1983.  His appointment memorandum and oath of office listed his SSN as "298-xxx-xxxx." 

5.  The applicant’s DA Form 2-1 (Personnel Qualification Record), prepared on 28 September 1983, and reviewed by the applicant on 30 September 1983, shows his SSN as "298-xx-xxxx."  He authenticated this form by placing his signature in the appropriate place.  

6.  The applicant’s records also show he served in the Republic of Korea from on or about 9 October 1984 to 8 January 1985. 

7.  A DA Form 873 (Certificate of Clearance and/or Security Determination), issued on 27 February 1989 shows the applicant was investigated under the SSN shown on his DD Form 214.

8.  He was honorably released from active duty on 1 May 1990 in the rank of captain and transferred to the USAR Control Group (Reinforcement).  The DD Form 214 he was issued shows he completed 6 years, 10 months, and 4 days of creditable active military service.  This form also shows the following entries:

	a.  Item 3 (Social Security Number) shows the entry "298-xxx-xxxx"; 

	b.  Item 12f (Foreign Service) shows he completed 11 months and 29 days of foreign service;
	c.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows he was awarded the Army Service Ribbon, the Army Commendation Medal, the Army Achievement Medal (2nd Award), the Overseas Service Ribbon, the Air Assault Badge, the Parachutist Badge, and the Army Lapel Button; and 

	d.  Item 18 (Remarks) shows the entry “None.” 

9.  The applicant submitted a copy of his permanent orders and a certificate, dated 14 December 1990, that show he was awarded the Army Commendation Medal for outstanding duty performance in support of Operation Just Cause in Panama from 19 December 1989 to 3 January 1990.  

10.  The applicant submitted an SSA printout that shows his SSN as 
"289-xx-xxxx." 

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The purpose of the separation document is to provide the individual with documentary evidence of their military service.  It is important that information entered on the form be complete and accurate.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty to include attendance at basic and advanced training and will be prepared for all personnel at the time of their retirement, discharge, or release from active duty.   Chapter 2 of the regulation in effect at the time contains guidance on the preparation of the DD Form 214. The “Remarks" block of the Soldier's DD Form 214 is used for mandatory requirements when a separate block is not available.  It did not mandate an entry for deployment to Panama on the DD Form 214.

12.  Army Regulation 600-8-22 provides, in pertinent part for award of the Armed Forces Expeditionary Medal.  The Armed Forces Expeditionary Medal is awarded to members of the Armed Forces of the United States who, after 1 June 1992 participate, or have participated, as members of U.S. military units, in a U.S. military operation that is deemed to be a significant activity; and encounter no foreign armed opposition or imminent threat of hostile action.  The Armed Forces Expeditionary Medal may be authorized for the significant United States military activities for which no other United States campaign or service medal is appropriate, such as peacekeeping operations and/or prolonged humanitarian operations.  The Armed Forces Expeditionary Medal may be awarded for U.S. military operations in direct support of the United Nations (UN) or the North Atlantic Treaty Organization (NATO), and for operations of assistance to friendly foreign nations.  Service members must be bona fide members of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations or meet the following criteria: (1)  While participating as a regularly assigned aircrew member, accumulates 15 days service (consecutive/nonconsecutive) flying sorties into, out of, within, or over the area in direct support of the military operations; and (2) One day’s service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit.  Operation Just Cause in Panama, from 20 December 1989 to 31 January 1990 is a designated U.S. military operation for the purpose of this award. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his deployment to Panama, any awards associated with this deployment, and his correct SSN as 289-xx-xxxx.

2.  The current regulation mandates that a statement be entered in the Remarks section of the DD Form 214 regarding the country and dates of deployment of an active duty Soldier deployed with his unit.  However, at the time of the applicant’s service in Panama there was no regulatory provision to list a deployment to Panama on the DD Form 214.  The information on the DD Form 214 must reflect the conditions and circumstances that existed at the time the form was created.

3.  With respect to Panama-specific awards, the Armed Forces Expeditionary Medal Operation is authorized for Operation Just Cause in Panama, from 20 December 1989 to 31 January 1990.  However, the Soldier must have been a bona fide member of a unit participating in or engaged in direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration).  The applicant’s service from 19 December 1989 to 3 January 1990 does not meet the criteria for this award.

4.  According to the available evidence the applicant consistently used 
SSN "298-xx-xxxx" throughout his period of military service.  His enlistment contract, application for appointment, orders, DA Form 2-1, security clearance and several other personnel documents that were created confirm he used the SSN that is shown on his DD Form 214.  

5.  The Army has an interest in maintaining the accuracy of its records for historical purposes.  Again, the information in those records must reflect the conditions and circumstances that existed at the time the records were created.  In the absence of compelling information to the contrary, there is no basis for changing the applicant’s SSN in this case.  
6.  A copy of this decisional document, along with the applicant’s application will be filed in his Official Military Personnel File.  This should serve to clarify any questions or confusion regarding the different SSNs and adequately document his SSN in his record. 

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)                                         AR20090003028



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ABCMR Record of Proceedings (cont)                                         AR20090003028



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