BOARD DATE: 26 April 2011
DOCKET NUMBER: AR20100025117
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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 19 July 1990, to show the Armed Forces Expeditionary Medal for service in Operation Just Cause. He also requests all other awards that he may be authorized as a result of this service.
2. The applicant states, in effect, that he was released from active duty before any of the final medals were issued.
3. The applicant provides no additional evidence.
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's records show he enlisted in the Regular Army on 25 September 1984. He completed training and was awarded military occupational specialty 11B (Infantryman).
3. On 19 July 1990, he was honorably separated from active duty under the provisions of Army Regulation 635-200 (Enlisted Separations), chapter 4, at the expiration of his term of service, and he was transferred to the U.S. Army Reserve Control Group for the remainder of his service obligation. His DD Form 214 confirms he completed 5 years, 9 months, and 21 days of net active service during this period of active service.
4. Item 8a (Last Duty Assignment and Major Command) of his DD Form 214 shows he was assigned to Company A, 4th Battalion, 17th Infantry Regiment, Fort Ord, CA.
5. Item 12f (Record of Service Foreign Service) of his DD Form 214 shows he completed 1 month and 12 days of foreign service.
6. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the following awards:
* Army Good Conduct Medal
* Army Achievement Medal (1st Oak Leaf Cluster)
* Army Service Ribbon
* Combat Infantryman Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Marksman Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button
7. The U.S. Army Center for Military History confirms the 4th Battalion, 17th Infantry Regiment participated in Operation Just Cause as part of XVIII Airborne Corps and Joint Task Force South.
8. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that 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.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his DD Form 214, for the period ending 19 July 1990, to show the Armed Forces Expeditionary Medal for service in Operation Just Cause was carefully considered and was determined to have merit.
2. The evidence shows he participated in Operation Just Cause; therefore, he qualifies for award of the Armed Forces Expeditionary Medal and correction of his DD Form 214 to show this medal.
3. There is no evidence that he is entitled to any additional awards which are not reflected on his DD Form 214.
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 the Armed Forces Expeditionary Medal to item 13 of his 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) AR20100025117
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
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