IN THE CASE OF:
BOARD DATE: 10 February 2011
DOCKET NUMBER: AR20100020005
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, in effect, upgrade of his under other than honorable conditions discharge to an honorable discharge. He further requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his combat service in Panama in support of Operation Just Cause during the period 20 December 1989 to March 1989.
2. The applicant states his discharge should be upgraded based on post traumatic stress disorder. He contends that when he jumped into Panama, he became separated from his unit for over 5 hours. He was shot at causing him to drop his rucksack and run for his life.
3. The applicant provides a self-authored letter, dated 15 July 2010; and a copy of his DA Form 1307 (Individual Jump Record) for the period 6 September 1988 through 13 August 1991.
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 ABCMR in Docket Number AR20040008422, on 7 July 2005, considered and denied the applicant's request to upgrade his discharge. Army Regulation 15-185 (ABCMR) sets forth procedures for processing requests for correction of military records. Paragraph 2-15b governs requests for reconsideration. This provision of the regulation allows an applicant to request reconsideration of an earlier ABCMR decision if the request is received within 1 year of the ABCMR's original decision and it has not previously been reconsidered. The applicant's discharge upgrade request is more than 1 year of the ABCMR's original decision. Therefore, this portion of his request will not be discussed further in these proceedings.
3. On 12 May 1988, the applicant enlisted in the Regular Army. He was awarded military occupational specialty 11B1P (Infantryman with parachutist qualification). He was subsequently assigned to the 1st Battalion, 504th Parachute Infantry Regiment.
4. A record copy of his DA Form 1307 shows that on 20 December 1989 the applicant completed a mass tactical combat jump at night over the Omar Torrijos International Airport, located in Panama. There is no evidence of record showing how long he remained in Panama.
5. The applicant's available records do not provide any documentation showing his period of service in Panama.
6. On 6 March 1992, the applicant was discharged from active duty. He had completed 3 years, 5 months, and 12 days of creditable active service. His DD Form 214 does not show any entries for service in Panama.
7. Records show that Operation Just Cause was from 20 December 1989 to
31 January 1990.
8. Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states
that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in block 18 (Remarks).
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show his combat service in Panama during 20 December 1989 to March 1990.
2. The available evidence is insufficient to show the applicant's inclusive dates of service in Panama. However, should he have, or be able to obtain, verifiable documentation showing his actual dates of service in Panama, he may apply for reconsideration with such documentation.
3. In view of the foregoing, the applicant's request should be denied.
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) AR20100020005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
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ABCMR Record of Proceedings (cont) AR20100020005
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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