IN THE CASE OF:
BOARD DATE: 16 October 2014
DOCKET NUMBER: AR20140003802
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 addition of the Combat Infantryman Badge (CIB) and Armed Forces Expeditionary Medal (AFEM) to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. He states these awards are missing from his DD Form 214 and the two copies of this form he is providing show that he signed member-1 when he signed out of the Army; however, member-4 contains the entry "Soldier not available for signature" and he believes this became the official DD Form 214 in his records.
3. The applicant provides:
* orders
* various certificates of achievement and appreciation
* training certificates
* honorable discharge certificate
* two DD Forms 214
* installation clearance record
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. Headquarters, Joint Task Force-South, Permanent Orders 9-2, dated
13 January 1990, awarded the applicant the CIB for the period of service from
19 December 1989 through 13 January 1990.
3. He provided several certificates showing his participation in the defense and stabilization of the Republic of Panama as a member of Joint Task Force South (Operation Just Cause) from December 1989 through January 1990.
4. A memorandum, dated 15 May 1990, subject: Honorable Discharge shows the applicant was on terminal leave and that his DD Form 214 would be mailed to him and would include the CIB and AFEM. This document was signed by his first sergeant.
5. He was honorably released from active duty on 20 July 1990. The copy of his DD Form 214 in his official records does not contain the CIB or AFEM and shows he was not available to sign this document. This document is also void of the National Defense Service Medal (NDSM).
6. Army Regulation 600-8-22 (Military Awards) states the AFEM 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.
DISCUSSION AND CONCLUSIONS:
1. Permanent orders awarded the applicant the CIB. Therefore, he is entitled to addition of this award to his DD Form 214.
2. His participation in Operation Just Cause entitles him to the AFEM and to add this award to his DD Form 214.
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 following awards to his DD Form 214:
* CIB
* AFEM
_____________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) AR20140003802
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ABCMR Record of Proceedings (cont) AR20140003802
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