BOARD DATE:	  16 April 2013

		DOCKET NUMBER:  AR20120017065 


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to list his "time served in combat."

2.  The applicant states there is no listing of his time served in combat.  He states he served in:

* Operation Just Cause, Panama from 1988 to 1990, assigned to the 154th Signal Battalion 
* Germany from 1992 to 1994, assigned to the 51st Signal Battalion and the 57th Signal Company
* Operation Uphold Democracy, Haiti from 1994 to 1995, assigned to the 10th Signal Battalion

3.  The applicant states he was on terminal leave and not available to sign his DD Form 214. 

4.  The applicant provides:

* his DD Form 214 
* an Operation Just Cause certificate of participation
* two Army Achievement Medal certificates
* an Uphold Democracy certificate of participation
* a 17th Signal Battalion Certificate of Achievement, dated 18 May 1994

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 8 April 1986 and successfully completed training.  He was awarded military occupational specialty 31R (Radio Transmission System Operator).

3.  On 17 July 1989, he was assigned to the 154th Signal Battalion, Panama.  On 4 November 1990, he departed Panama.

4.  On 27 March 1992, he was assigned to the 51st Signal Battalion, Kitzingen, Germany.  On 22 July 1994, he departed Germany.

5.  On 24 August 1994, he was assigned to A Company, 10th Signal Battalion, Fort Drum, NY.

6.  On 26 May 1997, the applicant was honorably discharged under the provisions of Army Regulation 635-40 (Physical Evaluation for Retention, Retirement, or Separation) due to disability with severance pay.  

7.  Item 13 (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Authorized or Awarded) of the applicant's DD Form 214 shows he was awarded:

* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal (3rd Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon with 
Numeral 2
* Army Service Ribbon
* Overseas Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar

8.  Item 18 (Remarks) of his DD Form 214 shows the entry "SERVICE IN HAITI:
941022-941216."

9.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Panama from 17 July 1989 to 
4 November 1990 and Haiti from 22 October 1994 to 16 December 1994.  Item 
27 (Remarks) shows he had duty in two imminent danger pay areas:

* Panama from 20 December 1989 to 31 January 1990
* Haiti from 22 October 1994 to 16 December 1994

10.  The applicant provided an Operation Just Cause certificate of participation. The certificate indicates as a member of Task Force South he participated in the defense and stabilization of the Republic of Panama during the period 
20 December 1989 to 20 January 1990.

11.  The applicant provided an Uphold Democracy certificate of participation.  The certificate shows he served with the Combined Joint Task Force 190, Multinational Force, Haiti.

12.  Army Regulation 600-8-22 (Military Awards) states 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 - Operation Just Cause from 20 December 1989 through 
31 January 1990.  
* Haiti - Operation Uphold Democracy form 16 September 1994 through 
31 March 1995

No more than one medal will be awarded to any one service member.  For each succeeding operation, conducted in a different theater of operations or against a different enemy/armed force, justifying a subsequent award, a bronze service star is worn on the suspension and service ribbon of the medal

13.  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.  It establishes standardized 
preparation of the DD Form 214.  For item 18 it states for an active duty Soldier deployed with his or her unit during their continuous period of active service enter "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM YYYYMMDD - YYYYMMDD."  There is no provision in Army Regulation 635-5 that provides an entry of time served in combat on the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he served in combat while in Panama and Haiti.

2.  Item 18 of the applicant’s DD Form 214 correctly shows he was deployed to Haiti from 22 October 1994 to 16 December 1994 in support of Operation Uphold Democracy.  Because he was already assigned to Panama, there is no basis for adding an entry showing he was deployed for Operation Just Cause.

3.  In accordance with Army regulations, time spent in combat is not listed on the DD Form 214.  Therefore, there is no basis for listing time spent in combat to his DD Form 214.

4.  As a related matter, evidence of record shows that the applicant was assigned to the 154th Signal Battalion, Panama on 17 July 1989 and he departed Panama on 4 November 1990.  While he was assigned 154th Signal Battalion, he participated in Operation Just Cause from 20 December 1989 to 31 January 1990.  He was deployed in support of Operation Uphold Democracy, Haiti from 22 October 1994 to 16 December 1994.  His participation in these operations made him eligible for the Armed Forces Expeditionary Medal with one bronze service star.  It would be appropriate to add this award to his DD Form 214 at this time.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___x_____  ___x_____  ___x__  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by: 
	a.  deleting the Armed Forces Expeditionary Medal from item 13 of his 
DD Form 214 and 

	b.  adding the Armed Forces Expeditionary Medal with one bronze service star (Haiti and Panama-Operation Just Cause) to item 13 of his DD Form 214.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to listing time spent on combat to his DD Form 214.  
	


      _______ _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)                                         AR20120017065





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ABCMR Record of Proceedings (cont)                                         AR20120017065



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