IN THE CASE OF:
BOARD DATE: 16 August 2012
DOCKET NUMBER: AR20120003444
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 served in Panama.
2. The applicant states he was stationed at Fort Clayton, Panama.
3. The applicant provides:
* letter from the National Personnel Records Center
* DA Form 2627 (Record of Proceedings under Article 15, Uniform Code of Military Justice (UCMJ))
* DD Form 214
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 records show he enlisted in the Regular Army on 12 September 1978. He completed basic combat and advanced individual training at Fort Knox, KY, and he was awarded military occupational specialty 19D (Cavalry Scout).
3. His DA Form 2-1 (Personnel Qualification Record Part II) shows the following entries:
* item 5 (Overseas Service) is blank
* item 35 (Record of Assignment) he was assigned to Troop C, 2nd Squadron, 17th Cavalry, Fort Campbell, KY, on or about 28 December 1978
4. His records contain a DA Form 2627, dated 22 May 1979, which shows he accepted nonjudicial punishment under the provisions of Article 15 of the UCMJ for twice failing to go at the time prescribed to his appointed place of duty at "Fort Clayton, Panama" on 19 and 25 April 1979. His unit of assignment is shown as Troop C, 2nd Squadron, 17th Cavalry.
5. His DA Form 2-1 also shows he departed Fort Campbell, KY, on 28 September 1979 en route to Fort Gordon, GA, in a patient status. He was retired by reason of temporary physical disability on 8 November 1979. His DD Form 214 shows he completed 1 year, 1 month, and 27 days of active service.
* item 12f (Foreign Service) does not show completion of any foreign service
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) does not show any Panama-specific awards or decorations
* item 18 (Remarks) does not show any combat service
6. Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214. The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty. Item 12f shows the total active duty performed outside the continental limits of the United States for the period covered by the DD Form 214. For a Soldier deployed with his or her unit during their continuous period of active service, item 18 shows the statement: "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
The only available evidence that confirms the applicant was in Panama is his record of nonjudicial punishment. However, his exact dates of arrival and departure as well as the purpose of his service in Panama are unknown. In the absence of additional evidence in the form of deployment orders, temporary change of station orders, temporary duty orders, completed travel vouchers, leave and earnings statements showing receipt of hostile fire/imminent danger pay during the period of deployment, and/or any other corroborating evidence, there is insufficient evidence to grant the applicant the requested relief.
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) AR20120003444
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ABCMR Record of Proceedings (cont) AR20120003444
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