BOARD DATE: 10 May 2011
DOCKET NUMBER: AR20100025435
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his overseas service in Panama and any awards or decorations he may be entitled to.
2. He states the clerk did not enter the information on his DD Form 214.
3. He provides:
* a Western Union Mailgram, dated 20 January 1991
* Leave and Earnings Statement (LES) for the period 1-31 January 1990
* Joint Task Force South "Operation Just Cause" certificate
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 enlisted in the Regular Army on 11 July 1989. He was honorably released from active duty on 14 March 1990 under the provisions of Army Regulation 635-200 (Personnel Separations - Enlisted Personnel), paragraph 5-11, for failing to meet the procurement medical fitness standards. He completed 8 months and 4 days of creditable active service.
3. Item 12f (Foreign Service) of his DD Form 214 shows the entry "00 00 00," indicating he did not serve overseas during his period of service.
4. Item 24 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows the:
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Expert Marksmanship Qualification Badge with Bayonet Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar
5. The applicant provided a certificate that shows he participated in Operation Just Cause in the Republic of Panama from 20 December 1989 through
20 January 1990.
6. The applicant provides a copy of his LES for the period 1-31 January 1990 that confirms he received overseas and danger pay commencing in December 1989.
7. Army Regulation 635-5 (Separation Documents) establishes standardized policy for preparing and distributing the DD Form 214. The current regulation states that the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge. The regulation states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in item 18 "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
8. Army Regulation 600-8-22 (Military Awards) 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.
DISCUSSION AND CONCLUSIONS:
1. Evidence shows the applicant deployed to Panama in support of Operation Just Cause from 20 December 1989 through 20 January 1990, which equates to
1 month and 1 day of foreign service. Therefore, item 12f of his DD Form 214 should be corrected accordingly.
2. Based on his deployment to Panama, item 18 should also be corrected to show his deployed service.
3. The applicant is entitled to the Armed Forces Expeditionary Medal based on his service in Panama in support of Operation Just Cause. Therefore, his
DD Form 214 should be corrected to show this award.
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:
a. deleting from item 12f of his DD Form 214 the entry "00 00 00" and replacing it with the entry "00 01 01";
b. adding to item 13 of his DD Form 214 the Armed Forces Expeditionary Medal; and
c. adding to item 18 of his DD Form 214 the entry "SERVICE IN PANAMA FROM 19891220 - 19900120."
_________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) AR20100025435
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ABCMR Record of Proceedings (cont) AR20100025435
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