IN THE CASE OF:	  

		BOARD DATE:	  23 May 2012

		DOCKET NUMBER:  AR20110022135


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 service in Panama during Operation Just Cause.

2.  As a secondary issue, the applicant requests correction of his DD Form 214 to show the Armed Forces Expeditionary Medal (AFEM) he received for his service in Operation Just Cause.  

3.  The applicant states that after leaving Panama and serving in Europe, he was unaware the operation [Just Cause] was later approved for the AFEM.  Therefore, he made no attempt to have it included in his records.

4.  The applicant provides:

* DD Form 214
* Orders 225-227, Munich Personnel Service Center, 569th Personnel Service Company, 38th Personnel and Administration Battalion, dated    12 August 1988
* Certificate of participation in Operation Just Cause from Joint Task Force South
* DA Form 4980-18 (Army Achievement Medal Certificate)
* Orders 32-38, Headquarters, United States (U.S.) Army South, dated       2 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.  The applicant's complete military records are not available for review; however, he provided a sufficient number of documents to conduct a fair and impartial review of this case.

3.  The applicant enlisted in the Regular Army on 31 October 1985.  He completed training and was awarded military occupational specialty 31C (Signal Channel Radio Operator).

4.  On 10 January 1992, he was honorably released from active duty and transferred to the U.S. Army Reserve.  The DD Form 214 he was issued confirms he completed 6 years, 2 months, and 10 days of net active service during this period of military service.  

   a. Item 12f (Record of Service – Foreign Service) of his DD Form 214 shows he completed 5 years, 6 months, and 22 days of foreign service; and

   b. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 shows he was awarded the:

* Army Good Conduct Medal
* Army Achievement Medal (2nd Award)
* Overseas Service Ribbon
* Army Service Ribbon
* National Defense Service Medal

5.  He provides the following evidence in support of his request:

   a. Orders 225-227, Munich Personnel Service Center, 569th Personnel Service Company, 38th Personnel and Administration Battalion, dated 12 August 1988, that show he was assigned to Company B, 154th Signal Battalion, Fort Clayton, Panama, effective 2 December 1988.

   b. A certificate of participation from Joint Task Force South, for participation in Operation Just Cause, between 20 December 1989 and 20 January 1990, and his AAM certificate that also references his participation in Operation Just Cause.  
   c. Orders 32-38, Headquarters, U.S. Army South, dated 2 February 1990, which reassigned him from the 154th Signal Battalion to the 5th Signal Battalion, U.S. Army Europe, effective 22 March 1990. 

6.  The U.S. Army Center for Military History confirms the 154th Signal Battalion participated in Operation Just Cause as part of XVIII Airborne Corps and Joint Task Force South.

7.  Army Regulation 600-8-22 (Military Awards) provides 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.

8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states that for item 18 (Remarks), for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "Service in (Name of Country Deployed) from (inclusive dates for example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show his service in Operation Just Cause, and his subsequent entitlement to the Armed Forces Expeditionary Medal, was carefully considered and was determined to have merit. 

2.  The evidence shows he participated in Operation Just Cause, during the period 20 December 1989 to 20 January 1990; therefore, it would be appropriate to correct his DD Form 214 to show his participation in this named operation.

3.  Additionally, his service in Operation Just Cause qualifies him for award of the Armed Forces Expeditionary Medal, and to correction of his DD Form 214 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. Amending item 13 of his DD Form 214 to add the Armed Forces Expeditionary Medal; and

   b. Amending item 18 of his DD Form 214 to add the entry "SERVICE IN PANAMA (OPERATION JUST CAUSE) FROM 20 DECEMBER 1989 THROUGH 20 JANUARY 1990."




      _____________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)                                         AR20110022135



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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


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