IN THE CASE OF:	  

		BOARD DATE:	  3 June 2010

		DOCKET NUMBER:  AR20090019555 


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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 11 October 1984 be corrected to accurately show the time she served in Panama and Somalia during 1985-1988. 
She also requests award of the Armed Forces Expeditionary Medal.  In addition, she requests her social security number (SSN) as shown on a Request for Correction of Chronological Statement of Retirement Points for U.S. Army Reserve (USAR) Troop Program Members be corrected to read xxx-xx-6605 instead of xxx-xx-6615.

2.  The applicant states she can receive a 5-point hiring preference added to her examination score under the Office of Personnel Management guidance if she has an Armed Forces Expeditionary Medal or other campaign badge.

3.  The applicant provides copies of:

* her DD Form 214
* her DA Reserve Personnel (DARP) Center Form 249 (Chronological Statement of Retirement Points)
* her Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Members
* section VII (Current and Previous Assignments) from her DA Form 2-1 (Personnel Qualification Record)


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 military personnel records show she enlisted in the USAR on 8 May 1984 for a period of 6 years.  Item 2 (SSN) of her DD Form 4 (Enlistment/
Reenlistment Document - Armed Forces of the United States) shows her SSN as xxx-xx-6605.

3.  On 8 May 1984, the applicant was ordered to initial active duty for training (IADT).  She entered active duty on 10 May 1984.  She completed basic combat training and advanced individual training and was awarded military occupational specialty 95B (Military Police).

4.  On 11 October 1984, the applicant was released from IADT.  Entries on her DD Form 214 show in:

* item 3 (SSN) - xxx-xx-6605
* item 12c (Net Active Service This Period) - 00  05  02 (0 years, 5 months, and 2 days
* item 12f (Foreign Service) - 00  00  00 (0 years, 0 months, and 0 days)

5.  On 8 September 1985, the applicant extended her enlistment in the USAR for a period of 2 years.  Item 3 (SSN) of her DA Form 4836 (Oath of Extension of Enlistment or Reenlistment) shows her SSN as xxx-xx-6605.

6.  121st USAR Command Orders 74-141, dated 13 January 1986, ordered the applicant to report on 29 January 1986 for 19 days of active duty for training (ADT) in the Republic of Panama.  She is identified with the SSN xxx-xx-6605.

7.  121st USAR Command Orders 135-167, dated 3 April 1986, ordered the applicant to report on 10 April 1986 for 18 days of ADT in the Republic of Panama.  She is identified with the SSN xxx-xx-6605.

8.  The applicant's DARP Form 249, dated 7 November 1988, shows her SSN as xxx-xx-6605.

9.  The applicant's Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Members shows her SSN as 
xxx-xx-6615.

10.  USAR Personnel Center (now known as Human Resources Command), St. Louis, MO, Orders D-05-214262, dated 5 May 1992, discharged the applicant from the Ready Reserve effective 7 May 1992 with an honorable discharge.  These orders identify her with the SSN xxx-xx-6605.

11.  Army Regulation 600-8-22 (Military Awards) provides for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

12.  Table 2-4 of Army Regulation 600-8-22 lists designated U.S. military operations of assistance to a friendly foreign nation and the dates of eligibility for award of the Armed Forces Expeditionary Medal.  Operation Just Cause in Panama is among the designated military operations for this award and the dates of eligibility are from 20 December 1989 to 31 January 1990.

13.  Army Regulation 635-5 (Separation Documents), then in effect, establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends her service in Panama and Somalia and the award of the Armed Forces Expeditionary Medal should be entered on her DD Form 214.  She also contends her SSN is incorrect on her Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Members.
2.  The applicant's enlistment document, orders for IADT and ADT, DARP Form 249, DD Form 214, and additional records throughout her military personnel record identify her with the SSN xxx-xx-6605.  Therefore, the preponderance of evidence shows the SSN shown on her Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Members is incorrect and should corrected to read xxx-xx-6605 instead of 
xxx-xx-6615.

3.  There is no evidence in the applicant's military service record she served in Somalia.  Her orders to ADT show she was in the Republic of Panama subsequent to her period of IADT.  Only foreign service performed during the period covered by the DD Form 214 is entered in item 12f.  A Soldier ordered to IADT would not normally travel overseas or be assigned overseas.  There is no evidence the applicant served overseas during her period of IADT.  Therefore, the entry in item 12f of her DD Form 214 is correct.

4.  The period for which the Armed Forces Expeditionary Medal was awarded for the Republic of Panama was well after the applicant's periods of ADT in Panama. 
In addition, she would not have met the 30 days of consecutive or 60 days of nonconsecutive duty in support of an operation requirement for this award.  Therefore, she is not authorized the Armed Forces Expeditionary Medal.

5.  The Board does not correct military records solely for the purpose of making an individual eligible for programs from other agencies.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X___  ____X___  ____X___  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined 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 her Request for Correction of Chronological Statement of Retirement Points for USAR Troop Program Members to show her SSN to read xxx-xx-6605 instead of xxx-xx-6615.

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 the Armed Forces Expeditionary Medal and foreign service shown on her DD Form 214.



      _____________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)                                         AR20090019555



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ABCMR Record of Proceedings (cont)                                         AR20090019555



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