IN THE CASE OF:
BOARD DATE: 16 October 2012
DOCKET NUMBER: AR20120007877
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 award of the Armed Forces Expeditionary Medal (AFEM) and any other campaign medals to which he is entitled.
2. The applicant states he served in Panama on temporary duty (TDY) for 1 month and the AFEM was left off his DD Form 214.
3. The applicant provides copies of his DD Form 214, National Guard Bureau (NGB) Form 22 (Report of Separation and Record of Service), and page 1 of his DA Form 2-1 (Personnel Qualification Record).
COUNSEL'S REQUEST, STATEMENT AND EVIDENCE:
1. Counsel requests that the applicant's records reflect his service and awards for his 1 month of service in Panama.
2. Counsel states the applicant's application amply advances his contentions and provides the facts necessary for equitable review by the Board.
3. Counsel 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 2 January 1979 for a period of 4 years, training as an aircraft weapons systems repairer, and assignment to Europe. He completed training and was transferred to Germany where he remained until he was transferred to Fort Dix, New Jersey, and was honorably released from active duty (REFRAD) on 29 November 1982. He completed 3 years, 10 months, and 28 days of active service including 3 years, 3 months, and 4 days of foreign service. He was transferred to the U.S. Army Reserve Control Group (Reinforcement).
3. On 21 July 1983, he enlisted in the Louisiana Army National Guard (LAARNG). He deployed to Panama for 14 days of TDY with his LAARNG unit on 8 February 1985.
4. On 1 April 1990, he was discharged from the LAARNG. His NGB Form 22 issued at the time of his discharge from the LAARNG does not contain a field for entering foreign service.
5. Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214. It provides that the DD Form 214 will be prepared to reflect information that is current as of the effective date of separation. Changes that occur subsequent to the effective date of the DD Form 214 are not authorized for retroactive entry on the DD Form 214.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods. An individual who was not
engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations. Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.
DISCUSSION AND CONCLUSIONS:
1. The applicant's contention that his DD Form 214 should be corrected to reflect his foreign service in Panama and award of the AFEM has been noted and appears to lack merit. The DD Form 214 is prepared to reflect information that is in effect on the date of release or discharge from active duty and his records show that he was serving in the LAARNG at the time he served 2 weeks in Panama in 1985.
2. The NGB Form 22 does not provide a place for recording foreign service and the applicant did not serve in Panama during a qualifying period for award of the AFEM. Accordingly, he is not entitled to award of the AFEM and there is no error or injustice in his case. Therefore, there is no basis to grant his request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X____ ____X __ ____X___ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. 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.
2. The Board wants the applicant and all others to know the sacrifices he made in service to the United States are deeply appreciated. The applicant and all Americans should be justifiably proud of his service in arms.
__________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.
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