IN THE CASE OF:	  

		BOARD DATE:	  19 June 2014

		DOCKET NUMBER:  AR20130018647 


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 award of the "Panama Campaign Medal."

2.  The applicant states his DD Form 214 (Certificate of Release or Discharge from Active Duty) does not reflect his service in Panama during Operation Just Cause. 

3.  The applicant provides copies of an "Operation Just Cause" participation certificate and 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 served on active duty as a U.S. Army Reserve (USAR) commissioned officer from 5 December 1986 through 30 September 1991.
3.  He served in Panama during Operation Just Cause from 20 December 1989 through 20 January 1990 (32 days) and in Southwest Asia during Operations Desert Shield/Desert Storm from 26 September 1990 to 16 March 1991 (5 months and 18 days).

4.  The applicant's DD Form 214 provides the following at:

	a.  block 6 (Reserve Obligation Termination Date) - 950531;

	b.  block 12f (Foreign Service) - 0000 06 00;

	c.  block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the Army Service Ribbon, National Defense Service Medal, Southwest Asia Service Medal with 2 bronze service stars, Army Lapel Button, Army Achievement Medal with 2 Oak Leaf Clusters, Armed Forces Expeditionary Medal, Air Assault Badge, and the Joint Service Achievement Medal; and 

   d.  block 18 (Remarks) - "SERVICE IN SWA:  900926 to 910316" and (continued from block 13) award of the Bronze Star Medal.

5.  A DD Form 215 (Correction to the DD Form 214), dated 29 October 1992, corrected the applicant's DD Form 215 at block 6 to show 941204 and added the Kuwait Liberation Medal to his authorized awards.

6.  Army Regulation 600-8-22 (Military Awards) provides the following:

	a.  The 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.

	b.  The Kuwait Liberation Medal awarded by the Kingdom of Saudi Arabia was approved on 3 January 1992 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

	d.  The Kuwait Liberation Medal awarded by the Government of Kuwait was approved on 9 November 1995 and is awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 2 August 1990 and 31 August 1993.

DISCUSSION AND CONCLUSIONS:

1.  There is no award titled the "Panama Campaign Medal."  The award to recognize service during Operation Just Cause is the Armed Forces Expeditionary Medal and this award is already listed on the applicant's DD Form 214.

2.  The applicant meets the eligibility requirements for both the Kuwait Liberation Medal (Kuwait) and the Kuwait Liberation Medal (Saudi Arabia).  The 29 October 1992 DD Form 215 corrected the applicant's Reserve Obligation Termination Date and added award of the Kuwait Liberation Medal.  However, it did not specify which of the two Kuwait Liberation Medals was being authorized.  To avoid confusion, it is appropriate to void the entire DD Form 215 and incorporate those corrections into a new DD Form 215.

3.  The applicant served in Panama for 32 days and in Southwest Asia for 5 months and 18 days, a total of 6 months and 20 days.  It is appropriate to correct the block 12f entry to reflect his total period of foreign service.

4.  The applicant's service in Southwest Asia is documented at block 18; however his service in Panama is not.  It is appropriate to document his service in Panama by adding at block 18 the statement "SERVICE IN PANAMA - 19891220 - 19900120."

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:

	a.  voiding the 29 October 1992 DD Form 215;


	b.  deleting the block 12f entry;

	c.  adding at block 12f the following - "0000 06 20";

   d.  correcting his records to show that, in addition to the awards listed on the DD Form 214, the applicant is also authorized the Kuwait Liberation Medal (Kuwait) and the Kuwait Liberation Medal (Saudi Arabia); 

	e.  adding at block 18 the statement "SERVICE IN PANAMA - 19891220 - 19900120" and

	f.  incorporating any other corrections noted on the DD Form 215 to a new DD Form 215.

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 award of a "Panama Campaign 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)                                         AR20130018647



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ABCMR Record of Proceedings (cont)                                         AR20130018647



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