IN THE CASE OF:	  

		BOARD DATE:	  14 September 2010

		DOCKET NUMBER:  AR20100007292 


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 that the following corrections be made on his DD Form 214 (Certificate of Release or Discharge from Active Duty):

	a.  change XVIII Aviation (AVN) CORPS to read XVIII Airborne (ABN) CORPS; and 

	b.  add the Bronze Star Medal (BSM), two Army Commendation Medals (ARCOM), Armed Forces Expeditionary Medal (AFEM) for Operation Just Cause-Panama), and the Ranger Tab.

2.  The applicant also requests the issuance of certificates for the above awards.

3.  The applicant states, in effect, that:

	a.  permanent orders awarded him the BSM;

	b.  he was awarded the ARCOMs at his expiration term of service (ETS);
 
	c.  the entry for the AFEM should show the "Armed Forces Expeditionary Medal (Just Cause-Panama)"; and 

	d.  he graduated from Ranger School in 1990.  


4.  The applicant provides copies of his DD Form 214, a BSM Certificate, a certificate for participating in Operation Shadow Hawk/Eager Light, a Certificate of Appreciation for Operation Bright Star, a certificate documenting his service in Operation Desert Storm, and a certificate showing he completed the requirements for wear of the Honduran Armed Forces Parachutist Badge. 

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 enlisted in the Regular Army on 18 January 1989.  He was trained in and awarded military occupational specialty 11B (Infantryman).  He was released from active duty (REFRAD) on 17 July 1992 and transferred to the Army National Guard (ARNG).  He completed 3 years and 6 months of total active service.

3.  The applicant's DD Form 214 shows the following entries:

	a.  in item 8a (Last Duty Assignment and Major Command), "HHC 18TH AVN CORPS FORSCOM (FC)";

	b.  in item 12f (Foreign Service), 7 months and 6 days;

	c.  in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized):

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal (Saudi Arabia)
* Sharpshooter [sic] Badge (M16)
* Parachutist Badge
* Armed Forces Expeditionary Medal
* Combat Infantrymen [sic] Badge
* Expert Infantryman Badge
* Army Good Conduct Medal
* Drivers [sic] Badge
* Army Commedation [sic] Medal

	d.  in item 18 (Remarks), "SERVICE IN SWA:  900824-910329."

4.  The period of service in Southwest Asia (SWA) listed in item 18 corresponds with the foreign service shown in item 12f.

5.  The DD Form 214 does not contain any entries showing the applicant served in Panama in support of Operation Just Cause.

6.  A DA Form 2-1 (Personnel Qualification Record) completed during the applicant's ARNG service shows in item 5 (Oversea Service) he served in AMEA (Saudi Arabia) during the period shown in item 18 of his DD Form 214.  This form does not show he served in Panama.

7.  The applicant's Official Military Personnel File (OMPF) in the interactive Personnel Records Management System (iPERMS) contains Joint Staff Permanent Order J-1SO-0325-90, dated 1 November 1990, announcing award of the Joint Meritorious Unit Award (JMUA) to Headquarters, Joint Task Force-South for the period 18 December 1989 to 18 January 1990.  A roster of enlisted personnel attached to the order shows the applicant's name.  This unit award was confirmed in Department of the Army General Orders (DAGO) 8, dated 1991.  

8.  DAGO 2, dated 1991, announced campaign participation credit for operations in Panama.  This DAGO shows credit was limited to the period 20 December 1989 to 21 January 1990.  The list of units that received campaign participation credit includes the XVIII Airborne Corps, Headquarters and Headquarters Company (HHC).

9.  A history of Operation Just Cause prepared by the Army's Center of Military History confirms that the XVIII Airborne Corps provided the tactical command headquarters for Joint Task Force-South.




10.  Permanent Orders 188-2, Headquarters, XVIII Airborne Corps and Fort Bragg, dated 7 October 1991, announced award of the BSM to the applicant for meritorious achievement during the period 17 January 1991 through 7 March 1991.  The permanent orders show he was assigned to HHC, XVIII Airborne Corps.

11.  Permanent Orders 27-5, Headquarters, Dragon Brigade, XVIII Airborne Corps, dated 21 April 1992, announced award of the ARCOM to the applicant for meritorious service on 25 October 1991.

12.  Permanent Orders 32-3, Headquarters, Dragon Brigade, XVIII Airborne Corps, dated 18 May 1992, awarded the applicant the ARCOM for meritorious achievement during the period 4 June 1989 to 17 July 1992.  The orders indicated it was his first award, but "1st" was lined through and "2nd" was handwritten on the orders.

13.  Orders 112-9, Headquarters, 573d Personnel Service Company, dated 
10 June 1992, effected the applicant's REFRAD.  The orders show he was assigned to "HHC 18TH ABN CORPS."

14.  The record is void of documentation showing the applicant completed a Ranger Course or that he was awarded the Ranger Tab.

15.  Army Regulation 600-8-22 (Military Awards) states the Ranger Tab is awarded for successful completion of the Ranger Course conducted by the U.S. Army Infantry School or the Ranger Training Command.

16.  Review of the applicant's records indicates entitlement to additional awards and decorations that are not shown on his DD Form 214.

17.  Permanent Orders 7-2, Headquarters, Dragon Brigade, XVIII Airborne Corps and Fort Bragg, dated 22 January 1990, award the applicant the Army Achievement Medal for the period from 15 October to 16 November 1989.

18.  Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) was approved on 
9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 
31 August 1993.




19.  The applicant's name is included on a roster of enlisted personnel awarded a JMUA as announced in a Joint Staff permanent order and confirmed by DAGO.

20.  Army Regulation 640-2-1 (Personnel Qualification Records) establishes policy for completing a DA Form 2-1.  This regulation states all overseas service performed under the authority of the Department of Defense will be recorded in item 5.

21.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  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:

	a.  The regulation in effect at the time provided that information used to complete item 12c would be taken from item 5 of the DA Form 2-1.  

	b.  A message from the U.S. Total Army Personnel Command, dated 
12 March 1991, provided that "SERVICE IN SWA YYMMDD TO YYMMDD" would be entered in item 18 for members of the Reserve Components who served in the Southwest Asia theater of operations; and  

	c.  At the time of the applicant's REFRAD, there was no published requirement to note service in support of Operation Just Cause - Panama in item 18 of the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions that his DD Form 214 should be corrected to show XVIII ABN CORPS, the BSM, and two ARCOMs are supported by the evidence.

2.  His request for correction of his DD Form 214 to show the AFEM for Operation Just Cause - Panama and the Ranger Tab are not supported by the evidence.

3.  The evidence of record shows the applicant was assigned to HHC, XVIII ABN Corps at the time of his release from active duty.  His DD Form 214 shows a typographical error in the abbreviation of "Airborne."  He is entitled to correction of his DD Form 214 to show "HHC XVIII ABN CORPS."

4.  Permanent orders awarded the applicant the BSM and two ARCOMs.  He is entitled to correction of his DD Form 214 to show he was awarded the BSM and the ARCOM with one oak leaf cluster.

5.  The applicant's DD Form 214 includes an entry for the AFEM.  The Army regulations governing awards and discharge documents do not require that the 
DD Form 214 show the specific operation for which a Soldier was awarded the AFEM.  He is not entitled to correction of his DD Form 214 to show the AFEM (Just Cause - Panama).  

6.  The applicant's DD Form 214 documents his service in SWA during the Persian Gulf War, but does not reflect his service in Panama in items 12f and 18.  His DD Form 214 should be corrected to show this service:

	a.  The documentary evidence does not show when the applicant arrived in or departed from Panama; however, the record shows he was eligible to wear the JMUA awarded to Headquarters, Joint Task Force-South for the period 
18 December 1989 to 18 January 1990.  It is reasonable to presume that he was in Panama during this period.  Accordingly, item 12f should be corrected by adding 1 month and 1 day of foreign service; and  

	b.  There was no requirement to note service in support of Operation Just Cause - Panama on the DD Form 214.  Considering, however, that there is an entry documenting his service in SWA, as a matter of equity it would be appropriate to correct his record to include the entry " SERVICE IN PANAMA:  891218 - 900118."   

7.  The applicant served in the Persian Gulf War in SWA during the period of eligibility for the KLM-K.  He is entitled to correction of his DD Form 214 to show this award.

8.  The evidence of record does not show the applicant attended a Ranger School or that he was awarded the Ranger Tab.  Based on the available documentation, he is not entitled to correction of his record to show award of the Ranger Tab.








BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x____  ___x____  ___x____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that 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:

	a.  deleting the following entries from his DD Form 214:

		(1)  item 8a,  HHC 18TH AVN CORPS  FORSCOM (FC); 

		(2)  item 12f, 00  07  06;

		(3)  item 13, Army Commendation Medal; and

	b.  adding the following entries to his DD Form 214:

		(1)  item 8a, HHC 18TH ABN CORPS FORSCOM (FC);

		(2)  item 12f, 00  08  07;

		(3)  item 13:

* Bronze Star Medal
* Army Commendation Medal with one oak leaf cluster
* Army Achievement Medal
* Joint Meritorious Unit Award
* Kuwait Liberation Medal (Kuwait)

   c.  adding to item 18, SERVICE IN PANAMA:  891218 - 900118

	d.  issuing medal sets with appropriate devices and accompanying certificates. 

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 Ranger Tab and the AFEM for Operation Just Cause.  



      __________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)                                         AR20100007292



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ARMY BOARD FOR CORRECTION OF MILITARY RE