IN THE CASE OF:	  

		BOARD DATE:	  13 October 2011

		DOCKET NUMBER:  AR20110003465 


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) for the period ending 6 January 1992 to show award:

* Armed Forces Expeditionary Medal (AFEM) with arrowhead 
* one bronze service star for the Parachutist Badge
* Combat Patch (shoulder sleeve insignia (SSI))

2.  He states: 

* the above awards were omitted from his DD Form 214
* he deployed to Panama in support of Operation Just Cause
* immediately after his deployment to Panama he was transferred to Germany without orders showing his combat jump
* he was assign to A Battery, 3rd Battalion, 319th Airborne Field Artillery Regiment (AFAR), 82nd Airborne Division, Fort Bragg

3.  He provides:

* a copy of his DD Form 214
* a copy of a DA Form 1307 (Individual Jump Record) with the last entry date of 20 December 1989 
* a 4 page copy of a “REDLINE MESSAGE,” dated 15 February 1990 


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.  Records available to the Board indicate the applicant entered active duty as an enlisted Soldier on 7 January 1988 and was trained as a cannon crewmember.  His records confirm that he was awarded the Parachutist Badge following successful completion of airborne training and as a result of a combat parachute jump on 20 December 1989 in Panama as part of Operation Just Cause, he was authorized a bronze service star for wear on the Parachutist Badge.  Orders confirming his entitlement to the bronze service star on his Parachutist Badge were published at Fort Bragg, North Carolina in February 1990.  The applicant was assigned to A Battery, 3rd Battalion, 319th AFAR at the time of the combat parachute jump.

3.  On 6 January 1992, he was honorably released from active duty in the rank of Specialist (SPC)/E-4 after completing 4 years of creditable active service with no time lost.  

4.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 with the ending period 6 January 1992 shows that he was awarded: 

* National Defense Service Medal
* Army Achievement Medal
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* Parachutist Badge



5.  There is no evidence the applicant received the Army Good Conduct Medal (1st Award).  There also is no evidence he was disqualified by his chain of command from receiving the Army Good Conduct Medal (1st Award).  His records do not contain any adverse information.

6.  Army Regulation 600-8-22 (Military Awards) provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Good Conduct Medal, disqualification must be justified.

7.  Army Regulation 600-8-22 provides, in pertinent part, for award of the Armed Forces Expeditionary Medal 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 the rapid deployment to Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990. 

8.  Army Regulation 600-8-22 states that a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier's participation in a combat parachute jump.  Orders are required to confirm the award.

9.  Army Regulation 600-8-22 also states that an arrowhead denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  The device is worn on the service and suspension ribbons of the AFEM.  A listing of decorations awarded since the Cold War, maintained by the Army's Military Awards Branch, confirms that the applicant's unit (3rd Battalion, 319th AFAR) was granted assault credit on 20 December 1989.  Orders issued by Headquarters, Joint Task Force-South in February 1990confirmed the assault credit

10.  Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a “combat patch.”  In pertinent part, the regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility.  It further states that authorization applies to members of the Army who participated in Operation Just Cause who were assigned to the 82d Airborne Division in Panama from 
20 December 1989 to 31 January 1990.  There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.

DISCUSSION AND CONCLUSIONS:

1.  Evidence in the record does confirm that the applicant participated in a combat parachute jump on 20 December 1989 as part of Operation Just Cause and as such, is entitled to the AFEM with arrowhead.  He is also entitled to one bronze service star for wear on his already-awarded Parachutist Badge.  Therefore, his  DD Form 214 for the period ending 6 January 1992 should be amended to show these awards.

2.  He was separated in the rank of SP4 with four years of creditable active service with no time lost or adverse action in his record.  Therefore, it appears the applicant met the eligibility criteria for award of the Army Good Conduct Medal (1st Award) for the period 7 January 1988 through 6 January 1992 based on completion of a period of qualifying service.

3.  His shoulder sleeve insignia – former wartime service is an item of clothing wear and not an award or decoration; therefore, it is not authorized for entry on the DD Form 214 or any other place in military records.

4.  However, Army Regulation 670-1 states that members participating in Operation Just Cause who were assigned to the 82d Airborne Division in Panama from 20 December 1989 to 31 January 1990 were eligible to wear the SSI.  The applicant met this criteria and therefore is eligible to wear the 82nd Airborne Division "Combat Patch."

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.  awarding him the Army Good Conduct Medal (1st Award) for the period
7 January 1988 through 6 January 1992; and 

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* AFEM with arrowhead (denoting participation in a combat parachute jump)
* one bronze service star to be worn on his already-awarded Parachutist Badge

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 adding a SSI to 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)                                         AR20110003465





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ABCMR Record of Proceedings (cont)                                         AR20110003465



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