IN THE CASE OF:
BOARD DATE: 17 December 2013
DOCKET NUMBER: AR20130007544
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 the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states he served 11 days during Operation Just Cause prior to his return to Fort Bragg, NC, and reassignment to Germany; however, his records do not reflect his participation. He tried to correct his record when he first arrived in Germany, but all he had were his own statements that he had been present during Operation Just Cause. After three years and numerous calls and letters, it became difficult to contact his unit at Fort Bragg due to their deployment schedule and participation in Operation Desert Storm. He is very active in Veterans' organizations and he wants to be able to proudly display all of the awards and decorations he earned while in the Army.
3. The applicant provides:
* DD Form 214
* Orders 220-25
* Orders 7-6
* DA Form 2-1 (Personnel Qualification Record)
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 27 August 1973 and held military occupational specialty 95B (Military Policeman).
3. He served through multiple reenlistments in a variety of stateside and overseas assignments and he attained the rank/grade of first sergeant (1SG)/E-8.
4. On 31 October 1993, he was honorably retired for length of service. His DD Form 214 does not show the AFEM.
5. Evidence in the applicant's record does not show that he served in Panama or that he actively participated in Operation Just Cause. His record does not contain deployment orders, certificates of participation, or entries annotated on his DA Form 2-1 normally found in association with such a deployment.
6. The applicant provides a copy of his DA Form 2-1 in which he highlights that he served as the 1SG of the 108th Military Police Company, Fort Bragg, NC, for the period 12 December 1988 through 18 January 1990, prior to his assignment to Germany.
7. The Army Center for Military History shows the 108th Military Police Company received campaign participation credit for Armed Forces Expeditions in Panama.
8. 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. The applicant's contention that his record should be corrected to show award of the AFEM for service in Panama during Operation Just Cause was carefully considered; however, there is insufficient evidence to support this contention.
2. The applicant appears to suggest that since he was listed as the 1SG of the 108th Military Police Company on his DA Form 2-1 during the period the unit received campaign participation credit for Armed Forces Expeditions in Panama, he is entitled to the AFEM. Unfortunately, there is no evidence in the form of deployment orders, certificates of participation, or entries annotated on his DA Form 2-1 which are normally found in association with such a deployment. Therefore, he has not provided sufficient evidence to support his contention that he actively participated in Operation Just Cause in Panama.
3. Based on the foregoing, there is insufficient evidence to support the applicant's request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___x____ ___x____ ___x____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20130007544
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ABCMR Record of Proceedings (cont) AR20130007544
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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