IN THE CASE OF:
BOARD DATE: 5 July 2012
DOCKET NUMBER: AR20120000795
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 31 July 2006 to delete the Bronze Star Medal (BSM) and document his service in Panama.
2. The applicant states he did not earn a BSM but he did receive a bronze service star with his Parachutist Badge based on a qualifying combat jump in Panama during Operation Just Cause. He further states his combat service in Panama should be documented on his DD Form 214.
3. The applicant provides Operation Just Cause certificates and orders awarding the bronze service star for his Parachutist Badge in support of his request.
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 record shows the applicant enlisted in the Regular Army on 28 November 1986 after having prior Reserve service. He was trained in and awarded military occupational specialty 88H (Cargo Specialist). He was promoted to sergeant first class/E-7 on 1 February 2002 and this is the highest grade he attained while serving on active duty.
3. The applicant's official military personnel file (OMPF) is void of orders or other documents related to service in Panama during Operation Just Cause or to award of the BSM and award of a bronze service star for his Parachutist Badge.
4. On 31 July 2006, the applicant was honorably retired after completing 20 years and 1 day of active military service. His DD Form 214 includes the BSM in the list of awards entered. The Parachutist Badge with bronze service star is also included in the list of awards on his DD Form 214.
5. The applicant provides Headquarters, Joint Task Force South, Fort Bragg, North Carolina, Permanent Orders 35-3, dated 7 June 1990, awarding him a bronze service star for his Parachutist Badge for his participation in a combat parachute jump on 20 December 1989. He also provides Joint Task Force South, Operation Just Cause certificates that confirm his service in Panama as a member of Joint Task Force South from 20 December 1989 through 20 January 1990.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army. Chapter 2 contains instructions for preparing the DD Form 214. The instructions for item 18 (Remarks) state that 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)."
7. Army Regulation 600-8-22 (Military Awards) contains the Army's awards policy. Paragraph 2-12 contains guidance on award of the Armed Forces Expeditionary Medal (AFEM). It states it is authorized for participation as members of U.S. military units in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly nations. Table 2-2 contains a list of U.S. military operations that support award of the AFEM. Included in this list is Panama for Operation Just Cause for the period 20 December 1989 through 31 January 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected by deleting the BSM and documenting his service in Panama during Operation Just Cause has been carefully considered and found to have merit.
2. The evidence of record and independent evidence submitted by the applicant confirm his participation in Operation Just Cause in Panama from 20 December 1989 through 20 January 1990 and his participation in a combat parachute jump on 20 December 1990. As a result, it would be appropriate to correct his DD Form 214 to document this combat service and to add the AFEM to the list of awards on his DD Form 214.
3. The applicant's OMPF is void of any orders or other documents showing he was ever recommended for or awarded the BSM by proper authority while serving on active duty. This corroborates his claim that he was never awarded the BSM. Therefore, it would be appropriate to honor his request to remove the BSM from 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 the evidence presented is 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 deleting the BSM from his DD Form 214 for the period ending 31 July 2006 and
adding the AFEM, and by further adding the entry "SERVICE IN PANAMA FROM 19891220-19900120" to the Remarks section.
_______ _ 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) AR20120000795
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ABCMR Record of Proceedings (cont) AR20120000795
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