IN THE CASE OF:
BOARD DATE: 27 August 2013
DOCKET NUMBER: AR20130002257
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 specifically show award of the Armed Forces Expeditionary Medal (AFEM) for his participation in Operation Just Cause in Panama.
2. The applicant states that his DD Form 214 shows his award of the AFEM for Operation Just Cause but it needs to reflect "Panama" for him to qualify for a law enforcement buyout, otherwise he will not get it. He cites a "Bush Law" that allows transfer of 3 years of active military service to law enforcement retirement beginning with the Panama conflict.
3. The applicant provides a copy of his 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 enlisted in the Regular Army on 10 January 1989. He completed one-station unit training as an infantryman at Fort Benning, Georgia, and was transferred to Fort Ord, California, for his first and only duty assignment.
3. On 10 January 1990, Permanent Orders Number 6-2 issued by Headquarters, Joint Task Force-South, awarded the applicant the Combat Infantryman Badge (CIB) for the period 20 December 1989 through 10 January 1990. The orders reflect his assignment to Company A, 3d Battalion, 27th Infantry Regiment, Fort Ord.
4. On 17 April 1992, he was honorably released from active duty due to the expiration of his term of service. He completed 3 years, 3 months, and 8 days of active service. His DD Form 214 shows he was awarded or authorized the Army Service Ribbon, Expert Infantryman Badge, Army Commendation Medal, CIB, AFEM (Operation Just Cause), Marksman Marksmanship Qualification Badge with Rifle Bar, Expert Marksmanship Qualification Badge with Grenade Bar, and National Defense Service Medal.
5. Army Regulation 600-8-22 (Military Awards) states the AFEM 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.
DISCUSSION AND CONCLUSIONS:
1. Although the entry on the applicant's DD Form 214 is not in error, one of the primary purposes of the DD Form 214 is to accurately document a Soldier's service for the purpose of establishing eligibility for benefits.
2. Accordingly, if adding the word "Panama" to his award of the AFEM will establish eligibility for benefits associated with that operation, it should be done at this time.
BOARD VOTE:
____X___ ____X___ ___X__ _ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined the evidence presented is 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 deleting award of the "Armed Forces Expeditionary Medal (Operation Just Cause)" from his DD Form 214 and replacing it with the entry "Armed Forces Expeditionary Medal (Operation Just Cause-Panama)."
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.
ABCMR Record of Proceedings (cont) AR20130002257
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ABCMR Record of Proceedings (cont) AR20130002257
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