IN THE CASE OF:	  

		BOARD DATE:	  26 October 2010

		DOCKET NUMBER:  AR20100013580 


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 the following awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).  He also requests that the following training course be added to his DD Form 214:

* the Humanitarian Service Medal
* the Armed Forces Expeditionary Medal for service in Panama 
* Army Achievement Medal with 1st Oak Leaf Cluster
* International Morse Code Course 

2.  He states he discovered the above omissions when he was reviewing his military records.

3.  He provides copies of:

* his DD Form 214
* a certificate for participation in Operation Just Cause
* two DA Forms 4980-18 (Army Achievement Medal Certificates)

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.  His military records show he enlisted in the Regular Army on 20 March 1986.  

3.  He provides a certificate which shows he participated in Operation Just Cause in the Republic of Panama as a member of Joint Task Force South from 20 December 1989 to 20 January 1990.

4.  His record also shows he served continuously through several reenlistments with Company B, 82nd Signal Battalion until he was honorably released from active duty on 19 July 1993.  He was subsequently transferred to United States Army Reserve Control Group (Reinforcement).  

5.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:

* Army Service Ribbon
* Army Lapel Button
* National Defense Service Medal
* Southwest Asia Service Medal with two bronze service stars
* Kuwait Liberation Medal-Saudi Arabia
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge
* Army Achievement Medal with 1st Oak Leaf Cluster

6.  The Army Achievement Medal with 1st oak leaf cluster is listed in item 13 of his DD Form 214.  Therefore, it will not be discussed any further in this Record of Proceedings.

7.  Item 14 (Military Education) of his DD Form 214 shows he completed the following courses:

* Single Channel Radio Operator Course
* Mobile Subscriber Equipment Course
* Transmission System Operator Course

8.  His record is void of any evidence and he has not provided any evidence which shows he attended or completed the International Morse Code Course or that he was awarded the Humanitarian Service Medal.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

10.  Army Regulation 600-8-22 states the Armed Forces Expeditionary Medal is awarded 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 participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

11.  Army Regulation 600-8-22 further provides the Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia (Kuwait Liberation Medal-Saudi Arabia) was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.  This regulation also provides the Kuwait Liberation Medal awarded by the Government of Kuwait (Kuwait Liberation Medal-Kuwait) 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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's record is void of any evidence and he did not submit any evidence that shows he was awarded the Humanitarian Service Medal.  Therefore, he is not entitled to have his DD Form 214 corrected to show this medal.

2.  The evidence shows his participation in Operation Just Cause qualifies him for award of the Armed Forces Expeditionary Medal.  Therefore, he is entitled to correction of his DD Form 214 to show this medal.  


3.  The available evidence shows the applicant was awarded the Kuwait Liberation Medal-Saudi Arabia.  He also served during a designated period of time and place to qualify for award of the Kuwait Liberation Medal-Kuwait.  Therefore, he is also entitled to have his DD Form 214 corrected to show the Kuwait Liberation Medal-Kuwait.

4.  The applicant's record is void of any evidence and he did not submit any evidence that shows he completed the International Morse Code Course.  Therefore, he is not entitled to have his record corrected to show this course.  

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 adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal and the Kuwait Liberation Medal-Kuwait. 

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 correcting his DD Form 214 to show award of the Humanitarian Service Medal and completion of the International Morse Code Course.



      ____________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)                                         AR20100013580



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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