BOARD DATE: 23 January 2014
DOCKET NUMBER: AR20130008874
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 that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show that he served in an imminent danger area (Panama).
2. The applicant states, in effect, that he served in combat in Panama around December 1990 but it is not reflected on his DD Form 214. This is affecting his ability to obtain Department of Veterans Affairs benefits.
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. After serving in the U.S. Army Reserve as a food service specialist, the applicant enlisted in the Regular Army on 5 February 1988 for a period of
4 years. He was transferred to Korea where he served from 21 February 1988 through 13 February 1989 and he was transferred to Fort Ord, California.
3. On 7 November 1991, he reenlisted for a period of 3 years and assignment to the Caribbean Area. He was transferred to Panama on 29 February 1992 and served there until 16 February 1995 when he was transferred to Fort Hood, Texas.
4. On 15 September 1996, he was honorably discharged in the rank of sergeant due to completion of required service. He had served 3 years, 11 months, and 11 days of foreign service. His DD Form 214 does not show any service performed in an imminent danger area.
5. A review of the applicant's official records failed to show any evidence that he served in an imminent danger area.
6. The United States Invasion of Panama, code-named Operation Just Cause, was the invasion of Panama by the United States on 20 December 1989. The operation lasted until 31 January 1990.
7. Army Regulation 635-5 (Personnel Separations - 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 policy for the preparation of the DD Form 214. It states for item 18 (Remarks), for an active duty Soldier deployed to an imminent danger area with his or her unit during their continuous period of active service, enter the statement "Service In (Name of Country Deployed) From (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. While the sincerity of the applicants claim that he was deployed to an imminent danger area (Panama) is not in doubt, the applicant has failed to show through evidence submitted with his application and the evidence of record that such was the case.
2. The applicants records show that he was transferred to Panama on
29 February 1992 and served there until 16 February 1995. Hostilities in Panama during Operation Just Cause ceased on 31 January 1990.
3. Accordingly, there appears to be no basis to grant his 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) AR20130008874
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