IN THE CASE OF:
BOARD DATE: 5 January 2010
DOCKET NUMBER: AR20090011550
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.
2. The applicant states he served in Panama from 24 June 1989 through 19 August 1994 and he was awarded the Armed Forces Expeditionary Medal for participation in Operation Just Cause.
3. The applicant provides copies of his DD Form 214 and DA Form 2-1, Part II (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 enlisted in the Regular Army (RA) and he served on active duty from 31 January 1989 through 4 June 1994 for a period of 7 years, 4 months, and 4 days.
3. His DA Form 2-1 shows he served in Panama from 24 June 1989 through 19 September 1994 with entitlement to Imminent Danger Pay from 20 December 1989 through 31 January 1990. Item 9 (Awards, Decorations, and Campaigns) lists his authorized awards as the Army Service Ribbon, Armed Forces Expeditionary Medal, National Defense Service Medal, Army Commendation Medal, Joint Meritorious Unit Award, Army Good Conduct Medal (1st award), Overseas Service Ribbon (2 awards), Army Achievement Medal, and the Expert Marksmanship Qualification Badge with Rifle Bar.
4. Records show that while the applicant was a member of Headquarters, Joint Task Force-South it was awarded the Joint Meritorious Unit Award for participation in Operation Just Cause from 18 December 1989 to 18 January 1990.
5. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 lists his authorized awards as the Army Lapel Button, Army Commendation Medal, Army Achievement Medal (2nd award), Joint Meritorious Unit Award, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, Overseas Service Ribbon, and the Expert Marksmanship Qualification Badge with Rifle Bar
6. Army Regulation 600-8-22 (Military Awards) states that the Armed Forces Expeditionary Medal 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 been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant states he served in Panama from 24 June 1989 through 19 August 1994 and he was awarded the Armed Forces Expeditionary Medal for participation in Operation Just Cause.
2. The applicant is shown to have served in Panama as a bona fide member of a unit participating in or engaged in the direct support of Operation Just Cause. As such, he is qualified for and appears to have been awarded the Armed Forces Expeditionary Medal.
3. The Armed Forces Expeditionary Medal is listed on his DA Form 2-1 as an authorized award but was not carried forward to his DD Form 214. Therefore, it is appropriate to correct his DD Form 214 to show this award.
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 adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal.
_______ _ 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) AR20090011550
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ABCMR Record of Proceedings (cont) AR20090011550
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