IN THE CASE OF:	  

		BOARD DATE:	  4 June 2013

		DOCKET NUMBER:  AR20120019754 


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 his award of his Meritorious Service Medal and the Armed Forces Expeditionary Medal for his service in Panama.

2.  He states he would like to add these missing awards so he can compete fairly with others in the job market, especially with the government.  He was content with his job as a government contractor for 14 years.  However, many people, both younger and older, have come and secured government (General Schedule) positions and progressed further than he has.  He has been pursuing a government job, but without a disability or an award granting him preference, he is unable to compete fairly.

3.  He provides

* his DD Form 214
* two permanent change of station (PCS) orders
* two DD Forms 1610 (Request and Authorization for Temporary Duty (TDY) of Department of Defense (DOD) Personnel)
* a DD Form 2496 (Disposition Form)
* a permanent order
* two DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER))
* 
a DA Form 4980-12 (Meritorious Service Medal Certificate)
* His DA Form 2-1 (Personnel Qualification Record - Part II)

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 and was trained in and awarded military occupational specialty (MOS) 72E (Tactical Telecommunications Center Operator).  At a later date he became qualified in the Special Forces (SF) and he was awarded primary MOS of 18E (SF Communications Sergeant).  

3.  Orders 232-157, issued by Headquarters, XVIII Airborne Corps, Fort Bragg, NC, dated 12 December 1988, as amended by a 1st endorsement, dated 12 December 1988, reassigned the applicant on a PCS move from Fort Bragg to Panama with a reporting date of 9 February 1989.

4.  A DA Form 2496, subject:  12-Month Rule (Parachute Duty), dated 23 May 1989, shows the applicant was approved for continued receipt of Parachute Pay under the 12-month rule for incentive pay for parachute duty while based in Panama and participating in TDY for more than 120 days.

5.  Permanent Orders 4-5, issued by Headquarters, Joint Task-Force South, dated 8 January 1990, awarded the applicant the Combat Infantryman Badge effective 4 January 1990.

6.  The applicant provides TDY orders and an unprocessed travel voucher that indicates he performed TDY in support of Operation Just Cause and other missions while based in Panama on and after 3 January 1990.

7.  Orders 25-21, issued by Headquarters, U.S. Army South, Orders 25-21, dated 25 January 1990, reassigned the applicant on a PCS move from Panama to Fort Bragg with a reporting date of 3 June 1990.

8.  His NCOERs rendered for the period June 1989 through January 1990 and February 1990 through April 1990 show his duty station as Fort Davis, Panama and specifically mention his participation in Operation Just Cause.

9.  His DA Form 2-1 contains the following pertinent information:

	a.  Item 5 (Overseas Service) shows he served in Panama from 4 February 1989 through 28 April 1990.

	b.  Item 9 (Awards, Decorations and Campaigns) shows he was awarded the Armed Forces Expeditionary Medal for his service in Panama, but it does not show award of the Meritorious Service Medal.

	c.  Item 35 (Record of Assignments) shows he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 7th SF Group, Panama, from
9 February 1989 through 27 April 1990.

10.  On 31 May 1999, the applicant was retired from active duty by reason of sufficient service for retirement.  His DD Form 214 for the period ending 31 May 1999 does not reflect the Armed Forces Expeditionary Medal or the Meritorious Service Medal as awarded or authorized awards.

11.  Permanent Orders 160-8, issued by Headquarters, U.S. Army Special Operations Command, Fort Bragg, dated 9 June 1999, awarded him the Meritorious Service Medal for exceptionally meritorious service from 1 June 1989 to 31 May 1999.

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 in support of Operation Just Cause from 20 December 1989 to 31 January 1990.

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows he served a qualifying period of service in Panama in support of Operation Just Cause that entitles him to the Armed Forces Expeditionary Medal.  Therefore, his DD Form 214 should be corrected to show this service medal.

2.  Permanent orders awarded the applicant the Meritorious Service Medal for exceptionally meritorious service from 1 June 1989 to 31 May 1999.  Therefore, his DD Form 214 should be corrected to show this award.

BOARD VOTE:

____X____  ___X_____  ___X_____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was 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 adding to his DD Form 214 for the period ending 31 May 1999 the Meritorious Service Medal and the Armed Forces Expeditionary Medal.



      ____________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)                                         AR20120019754



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ABCMR Record of Proceedings (cont)                                         AR20120019754



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