BOARD DATE: 17 July 2014
DOCKET NUMBER: AR20130020666
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 his awards of the Combat Infantryman Badge (CIB) and the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states that his awards of the CIB and AFEM were omitted from his DD Form 214 at the time of his discharge.
3. The applicant provides orders awarding him the CIB and a letter from the personnel officer at Fort Polk Louisiana authorizing the applicant to wear the AFEM.
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 19 September 1989 for a period of 4 years, training as an infantryman, and assignment to Fort Polk, LA. He completed his training and was assigned to Fort Polk.
3. The applicant deployed to Panama during the period 20 December 1989 to
26 January 1990.
4. On 22 January 1990, Permanent Orders Number 11-4 awarded the applicant and other Soldiers the CIB for the period 20 December 1989 to 28 December 1989.
5. The applicant provided an undated letter published by the personnel officer of the 5th Infantry Division that indicates the applicant, along with other Soldiers indicated by name, were authorized the award and wear of the AFEM for support of Operation Just Cause.
6. On 18 September 1994, he was honorably discharged. He had served 5 years of active service and his DD Form 214 shows he was awarded the Army Commendation Medal, Army Achievement Medal, National Defense Service Medal, Army Service Ribbon, and Overseas Service Ribbon.
DISCUSSION AND CONCLUSIONS:
1. The applicant has provided the proper documentation to show he was awarded the CIB and the AFEM for his role in support of Operation Just Cause in Panama.
2. Accordingly, his DD Form 214 should be corrected to show the awards of the CIB and AFEM.
BOARD VOTE:
___X_____ ___X_____ ___X__ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
________ ________ ________ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The Board determined that the evidence presented was 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 adding the CIB and AFEM to his DD Form 214.
____________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) AR20130020666
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