IN THE CASE OF:
BOARD DATE: 6 May 2014
DOCKET NUMBER: AR20130015340
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 he was deployed to Panama and all campaigns, awards, and letters for this deployment.
2. The applicant states his DD Form 214 does not show he served in Panama in support of Operation Just Cause from 1989 to 1990. He served with the 549th Military Police Company. His request is supported by his DA Form 2-1 (Personnel Qualification Record - Part II). He needs his DD Form 214 corrected to be eligible for benefits.
3. The applicant provides copies of his DD Form 214, a Standard Form 180 (Request Pertaining to Military Records), and a letter from the National Personnel Records Center.
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 3 January 1986 and he held military occupational specialty 13B (cannon crewmember). He served in:
* Korea from 30 April 1986 through 24 April 1987
* Panama from 6 July 1989 through 5 November 1990
3. He was discharged on 15 January 1994. He was credited with completing 8 years and 13 days of net active service and 2 years, 3 months, and 25 days of foreign service. His DD Form 214 lists in:
* Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the
* Army Commendation Medal
* Army Achievement Medal
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Forces Expeditionary Medal
* Noncommissioned Officer Professional Development Ribbon
* Army Service Ribbon
* Overseas Service Ribbon with Numeral 2
* Drivers Badge with "W"
* Item 18 (Remarks) - no service in Panama
4. Item 9 (Awards, Decorations, and Campaigns) of his DA Form 2-1 lists the same awards as listed on his DD Form 214. Item 9 also shows he was awarded the Armed Forces Expeditionary Medal (Panama) for his service during Operation Just Cause.
5. Army Regulation 635-5 (Separation Documents), in effect at the time, governed the preparation of the DD Form 214. It stated the DD Form 214 would be prepared for all personnel at the time of their retirement, discharge, or release
from active duty. The regulation stated item 12f (Foreign Service) would list credit for all foreign service completed during the period covered by the DD Form 214.
6. Army Regulation 635-5 (Separation Documents), current version, states item 18 of the DD Form 214, for active duty Soldiers deployed with his or her unit during their continuous period of active service, will list the entry, "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD -YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The evidence shows the applicant served in Panama from 6 July 1989 through 5 November 1990. Therefore, item 18 of his DD Form 214 should be corrected to show the entry, "Service in Panama from 6 July 1989 through 5 November 1990."
2. There is no evidence and he did not provide any showing he is entitled to any other awards, campaigns, or letters for this period of deployment. Therefore, he is not entitled to correction of his DD Form 214 to show any other awards, campaigns, or letters for his service in Panama.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
____X____ ___X_____ ___X_____ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
1. The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of the applicant's DD Form 214 the entry, "Service in Panama from 19890706-19901105."
2. The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief. As a result, the Board recommends denial of so much of the application that pertains to adding any other awards, campaigns, or letters to his DD Form 214 for his service in Panama.
_______ _ __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) AR20130015340
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ABCMR Record of Proceedings (cont) AR20130015340
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