BOARD DATE: 7 June 2012
DOCKET NUMBER: AR20110024918
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 he participated in Operation Just Cause.
2. The applicant states he deployed to Panama with his unit in support of Operation Just Cause. However, he lost any and all paperwork he may have had at the time of his deployment.
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 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 enlisted in the Regular Army on 24 August 1988. He completed his initial training and was awarded military occupational specialty 92Y (Automated Logistical Specialist).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows he:
a. was assigned to Fort Ord, California, from 3 January 1989 until his departure on or about 1 February 1993;
b. served as a supply clerk with Headquarters and Headquarters Company, 9th Infantry Battalion; and
c. was en route to Fort Lewis, Washington on 2 February 1993.
4. His DA Form 2A (Personnel Qualification Record Part I) prepared on 19 November 1993 is void of any deployment information and shows no dates for any overseas service.
5. The applicant's DA Form 2-1 does not contain any information or indication that he had served any overseas tours or deployments.
6. On 10 January 1994, the applicant was honorably released from active duty. He attained the rank of specialist/pay grade E-4 and completed 5 years, 4 months, and 17 days of creditable active duty service.
7. The applicant's DD Form 214 does not show he performed any overseas service during his period of active duty. The Armed Forces Expeditionary Medal (AFEM) is not listed as one of his authorized service medals.
8. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) states the Panama Campaign was from 20 December 1989 to 31 January 1990.
b. The AFEM was authorized for participation in the Panama Campaign, also referred to as Operation Just Cause.
9. Army Regulation 635-5 (Separation Documents) provides detailed instructions for completing separation documents, including the DD Form 214. It provides for an entry in block 12f (Foreign Service) reporting the total amount of foreign service completed during the current period of active duty.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends that his DD Form 214 should be corrected to show he participated in Operation Just Cause because he deployed with his unit to Panama.
2. There is no evidence of record and the applicant has not provided any documentary evidence showing he deployed to Panama in support of Operation Just Cause.
3. In view of the above, 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 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) AR20110024918
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ABCMR Record of Proceedings (cont) AR20110024918
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