IN THE CASE OF:	  

		BOARD DATE:  20 June 2013

		DOCKET NUMBER:  AR20120021238 


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 show award of the Armed Forces Expeditionary Medal with arrowhead device and a bronze service star to denote participation credit in the Panama Campaign.

2.  The applicant states he was unaware of the award due to the absence of unit movement orders at the time of Operation Just Cause.  Also, upon completion of the operation, he was immediately reassigned to Korea.  At the time of his separation from active duty, he was unaware of this award for service in Operation Just Cause and the military personnel office didn't research his records to establish his credit for this award.

3.  The applicant provides his DD Form 214 and four orders. 

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.  Having had prior active and Reserve service, the applicant's records show he enlisted in the Regular Army on 31 May 1989 and he held military occupational specialty 11B (Infantryman).  

3.  On 8 June 1989, he was assigned to Headquarters and Headquarters Company, 3rd Battalion, 82nd Airborne Division, Fort Bragg, NC.  He was subsequently assigned to Company A, 3rd Battalion, 505th Parachute Infantry Regiment (PIR), 82nd Airborne Division, Fort Bragg, NC, for deployment to Panama during Operation Just Cause.

4.  The applicant provides:

	a.  Permanent Orders (PO) 16-71, dated 15 February 1990, issued by Headquarters (HQ), Joint Task Force-South, awarding him the bronze service star for the Parachutist Badge, effective 20 December 1989, for participation in a combat parachute jump.

	b.  PO 19-79, dated 30 January 1990, issued by HQ, 82d Airborne Division, Fort Bragg, NC, awarding him the Combat Infantryman Badge, effective 12 January 1990, for satisfactory performance of duty as an infantryman in active ground combat.  

5.  The specific dates of his service in Panama are not known; however, his DA Form 2-1 (Personnel Qualification Record) shows he departed Fort Bragg on 13 February 1990 enroute to Korea.  He served in Korea from 6 March 1990 to 20 June 1991.

6.  He was honorably released from active duty on 2 April 1992 and he was transferred to the U.S. Army Reserve.  He completed 2 years, 10 months, and 2 days of creditable active service during this period of service.

7.  The DD Form 214 he was issued for this period of service shows award of the:

* Army Service Ribbon
* Army Lapel Button

* National Defense Service Medal
* Parachutist Badge with one bronze service star
* Expert Marksmanship Qualification Badge with Rifle Bar (M-16)
* Overseas Service Ribbon (2nd Award)
* Army Good Conduct Medal (1st Award)
* Army Achievement Medal (3rd Oak Leaf Cluster) 
* Noncommissioned Officer Professional Development Ribbon
* Army Commendation Medal 
* Combat Infantryman Badge

8.  Department of the Army General Orders (DAGO) Number 2, dated 16 January 1991, cited Company A, 3rd Battalion, 505th PIR, for participation credit in the Panama Campaign for the period 20 December 1989 to 21 January 1990.

9.  DAGO Number 31, dated 30 November 1992, credited Company A, 3rd Battalion, 505th PIR, with a parachute assault landing at Torrijos-Tocumen Airport, Panama, on 20 December 1989.

10.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  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 through 31 January 1990.  A bronze service star is authorized with this award for participation credit in the Panama Campaign.

	b.  Arrowhead will be worn on the appropriate service medal, to include the Armed Forces Expeditionary Medal, to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned.  The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate.  

	c.  Korea Defense Service Medal is authorized for award to members of the Armed Forces of the United States who served on active duty in support of the defense of the Republic of Korea.  The period of eligibility is 28 July 1954 to a date to be determined by the Secretary of Defense.
DISCUSSION AND CONCLUSIONS:

1.  Although the specific dates of the applicant's service in Panama are not known, it can be presumed he served in Panama from 20 December 1989 to 21 January 1990, as the evidence of record confirms he was awarded a bronze service star for participation in a combat parachute jump on 20 December 1989 and he was awarded the Combat Infantryman Badge for participation in active ground combat on 12 January 1990.

2.  In addition, his unit at the time was credited with participation credit in the Panama Campaign for the period 20 December 1989 to 21 January 1990 and with a parachute assault landing on 20 December 1989.  Therefore, he is entitled to award of the Armed Forces Expeditionary Medal with arrowhead device and one bronze service star and correction of his DD Form 214 to show these awards.

3.  His records show he served in Korea during a qualifying period for entitlement to the Korea Defense Service Medal.  Therefore, his DD Form 214 should be corrected to show these awards.

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 2 April 1992 the:

* Armed Forces Expeditionary Medal with arrowhead device and one bronze service star




* Korea Defense Service 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)                                         AR20120021075



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ABCMR Record of Proceedings (cont)                                         AR20120021238



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