IN THE CASE OF:	   

		BOARD DATE:	  12 May 2015

		DOCKET NUMBER:  AR20140014024 


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 award of the Army Achievement Medal (AAM), Certificate for Participation and the period he served in Operation Just Cause.

2.  The applicant states, in effect, that his awards of the AAM, Certificate for Participation in Operation Just Cause and the time spent deployed to Panama are not reflected on his DD Form 214.

3.  The applicant provides copies of his AAM Certificate, Certificate for Participation in Operation Just Cause, and 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 enlisted in the Regular Army on 22 November 1988 for a period of 4 years and training as a combat engineer.  He completed one-station unit training at Fort Leonard Wood, Missouri and airborne training at Fort Benning, Georgia prior to being assigned to the 307th Engineer Battalion, Fort Bragg, North Carolina. 

3.  The applicant deployed to Panama in support of Operation Just Cause with his unit during the period 19891220 – 19900120, a period of 1 month and 1 day, and was returned to his unit at Fort Bragg.  He was awarded the Armed Forces Expeditionary Medal for that deployment.

4.  The applicant deployed to Southwest Asia (SWA) during the period 900818 – 910403 (a period of 7 months and 16 days) and he again returned to Fort Bragg.

5.  On 19 February 1992, orders Number 6-4 issued by Headquarters, 
30th Engineer Battalion awarded the AAM to the applicant for meritorious service during the period of 15 May 1989 to 30 April 1992.

6.  On 10 April 1992, he was honorably released from active duty (REFRAD), due to the convenience of the government and the Fiscal Year 1992 Early Transition Program.  He had served 3 years, 4 months, and 10 days of active service and his DD Form 214 issued at the time of is REFRAD shows he performed 7 months and 16 days of foreign service and was awarded the Army Service Ribbon, Army Lapel Button, National Defense Service Medal, Southwest Asia Service Medal with two bronze service stars, Parachutist Badge, Armed Forces Expeditionary Medal, Driver’s Badge, and the Kuwait Liberation Medal (Saudi Arabia).

7.  Army Regulation 600-8-22 (Military Awards) states the Kuwait Liberation Medal awarded by the Government of Kuwait (KLM-K) 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.

8.  Army Regulation 635-5 (Separation Documents) states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Army Regulation 600-8-22 gives the order of precedence for awards and decorations.  Only decorations, medals, and ribbons are listed.  Certificates of achievement, letters of appreciation, and similar documents are not listed.



DISCUSSION AND CONCLUSIONS:

1.  The applicant deployed to Panama for 1 month and 1 day in support of Operation Just Cause during the period 19891220 – 19900120 and that service should be reflected on his DD Form 214.

2.  The applicant was awarded the AAM and that award should be added to his DD Form 214.

3.  Additionally, he served during a qualifying period for award of the KLM-K and it should be added to his DD Form 214.

4.  However, the applicant’s contention that his certificate for participation in Operation Just Cause should be added to his DD Form 214 appears to lack merit because certificates of this nature are not authorized for entry on the DD Form 214.

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:

* deleting the entry “00  07  16” from item 12f of his DD Form 214
* adding the entry “00  08  17” to item 12f of his DD Form 214
* adding the AAM and KLM-K to his DD Form 214
* adding the entry “Service in Panama 19891220 – 19900120” to item 18 of his DD Form 214




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 his Certificate of Participation to his DD Form 214.  

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States during the Gulf War are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      _______ _   _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)                                         AR20140014024



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ABCMR Record of Proceedings (cont)                                         AR20140014024



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