IN THE CASE OF:	  

		BOARD DATE:	  30 September 2014

		DOCKET NUMBER:  AR20140002197 


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 awards, citations, medals and campaign medals to which he is entitled to include the Meritorious Unit Commendation (MUC) and Presidential Unit Citation (PUC).  

2.  He states, in effect, that only four of his awards are listed on his DD Form 214.

3.  He provides:

* his DD Form 214
* a DA Form 4187 (Personnel Action) 
* an All Army Activities (ALARACT) message
* two certificates
* a memorandum
* a memorandum with an attached Task Force roster
* a letter

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 6 August 1988.  

3.  His DA Form 2-1 (Personnel Qualification Record) contains the following pertinent information:

	a.  item 9 (Awards, Decorations and Campaigns), shows he was awarded the Army Service Ribbon, Parachutist Badge, Marksmanship Qualification Badge with Rifle Bar (M-16) and Hand Grenade Bar.

	b.  item 35 (Record of Assignments), shows he was assigned to Company A, 2d Battalion, 325th Infantry Regiment, 82d Airborne Division, Fort Bragg, on 
21 December 1988.

4.  His record contains and he submitted a/an:

	a.  certificate, which shows he completed the Airborne Course on 
2 December 1988.
	
	b.  Certificate of Training, which shows he completed the Dragon Gunner Course during the period 13 to 17 November 1989. 

	c.  DA Form 4187, dated 1 March 1990, which requested that members of Task Force 2d Battalion, 325th Airborne Infantry Regiment receive imminent day pay for being deployed during the period 23 January to 18 February 1990.

	d.  memorandum from Headquarters, 82d Airborne Division, Subject:  Authorization to Wear the Armed Forces Expeditionary Medal (AFEM), dated 
1 March 1990, which stated that eligible members of Task Force 2d Battalion, 325th Airborne Infantry Regiment were eligible for award of the AFEM.

	e.  ALARACT message, dated 2 March 1990, which stated that Soldiers who served in Panama from 20 December 1980 to 31 January 1990 were authorized to wear their organizational unit shoulder sleeve insignia. 

	f.  memorandum and attached roster from Headquarters, 82d Airborne Division, Subject:  Authorization to Wear the AFEM, dated 22 March 1990, which shows that the applicant deployed with Task Force 2d Battalion, 325th Airborne Infantry Regiment and was eligible for award of the AFEM.

5.  Department of the Army General Orders (DAGO) Number 35, dated 
30 October 1989, show that the 2d Battalion, 325th Infantry Airborne Regiment was awarded the Army Superior Unit Award for exceptionally meritorious conduct during the period 27 October 1987 to 22 April 1988.

6.  On 29 August 1990, the applicant was discharged.  His DD Form 214 for the period does not reflect the AFEM, MUC, or PUC as awarded or authorized awards.

7.  DAGO Orders Number 27, dated 27 December 1994, show that the 2d Battalion, 325th Infantry Airborne Regiment was awarded the MUC for exceptionally meritorious conduct during the period 6 August 1990 to 15 March 1991.

8.  The U.S. Army Center of Military History - Lineage and Honors Information, shows that the 2d Battalion, 325th Infantry Regiment was awarded two PUCs during World War II and one PUC during Operation Iraqi Freedom in 2003. 

9.  Army Regulation 600-8-22 (Military Awards) states the:

	a.  AFEM is awarded for qualifying service after 1 July 1958 in 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 to 31 January 1990.  

	b.  PUC is awarded for extraordinary heroism in action.  A unit must display such gallantry, determination, and esprit de corps in accomplishing its mission as would warrant award of the Distinguished Service Cross to an individual.

DISCUSSION AND CONCLUSIONS:

1.  Evidence clearly shows he served a qualifying period of service in Panama in support of Operation Just Cause that entitles him to the AFEM.  Therefore, his DD Form 214 should be corrected to show this service medal.

2.  DAGOs show the applicant's unit was awarded the MUC and the Army Superior Unit Award during his period of assignment.  Therefore, he is entitled to have his DD Form 214 corrected to show these awards.

3.  There is no evidence of record nor did the applicant provide any evidence that shows the he was assigned to the 2d Battalion, 325th Airborne Infantry Regiment when it was awarded the PUC.  Therefore, he is not entitled to correction of his DD Form 214 to show this citation.

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 his DD Form 214 the Armed Forces Expeditionary Medal, Meritorious Unit Commendation, and the Army Superior Unit Award. 

2.  The Board further determined that the evidence presented was 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 correcting his DD Form 214 to show award of the Presidential Unit Citation.  



      _____________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)                                         AR20140002197





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ABCMR Record of Proceedings (cont)                                         AR20140002197



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