IN THE CASE OF:	  

		BOARD DATE:	  27 August 2015

		DOCKET NUMBER:  AR20140020372 


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 Armed Forces Expeditionary Medal.

2.  The applicant states:

* he is authorized the Armed Forces Expeditionary Medal for combat flight operations during Operation Just Cause between 20 December 1989 and 31 January 1990
* he was out-processed from Company B, 3rd Battalion, 123rd Aviation Regiment, 7th Infantry Division prior to the unit being awarded the Armed Forces Expeditionary Medal for combat operations
* per Army Regulation 600-8-22 (Military Awards), he was engaged in actual combat regardless of the time he had in the area
* he flew 8 combat missions totaling 32 combat flight hours during the engagement
* he was in the country on 23 December 1989 and he was flying combat missions as a pilot in command on 24 December 1989
* he left the country on 3 June 1990, after flying his last combat mission
* he was not aware that his unit was awarded the Armed Forces Expeditionary Medal for the combat missions flown


3.  The applicant provides:

* Letter, from the Commonwealth of Massachusetts, Executive Office of Health and Human Services, Department of Veterans' Services, dated 14 November 2014
* Individual Flight Record and Flight Certificates – Army, for the period September 1989 through January 1990
* Affidavit, dated 1 November 2014
* DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 1 March 1990
* Document - Aircraft Remarks, Procedures, and Maneuvers
* Three pages from Army Regulation 600-8-22
* Massachusetts National Guard letter, dated 17 December 2014

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.  On 23 May 1984, the applicant accepted an appointment in the Regular Army in the rank of second lieutenant.  He completed training as an Aviation Combined Arms Operations Officer.

3.  On 1 March 1990, after completing 5 years, 9 months, and 9 days of net active service this period, he was honorably discharged due to unqualified resignation (miscellaneous reasons).

4.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) on his DD Form 214 shows the following awards:

* Army Achievement Medal (First Oak Leaf Cluster)
* Army Service Ribbon
* Ranger Tab
* Parachutist Badge
* 
Army Aviator Badge
* Air Assault Badge

5.  A review of the applicant's service record fails to show that he served in Panama during Operation Just Cause.  However, he provides Individual Flight Records and Flight Certificates showing his flight hours and Aircraft Remarks, Procedures, and Maneuvers.  He provides an affidavit from a retired colonel who states that during the entire period of Operation Just Case, he commanded the 3rd Battalion, 123 Aviation Regiment, which was the major component of Task Force Hawk, which he also commanded.  He states that when the applicant was an assigned member of the 3rd Battalion, 123rd Aviation Regiment, he was deployed to Task Force Hawk/Panama during Operation Just Cause.  He performed duties of a UH-60A pilot during actual combat operations against armed opposition, the Panamanian Defense Force, and its irregular, non-uniformed extensions.

6.  The applicant provides a letter from the Massachusetts National Guard Adjutant General endorsing his request for award of the Armed Forces Expeditionary Medal.

7.  Army Regulation 600-8-22 states 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 service in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted.  His supporting evidence has been considered.

2.  The applicant provides an affidavit from a retired colonel who states that he commanded the 3rd Battalion, 123rd Aviation Regiment during the entire period of Operation Just Cause and the applicant was deployed to Task Force Hawk/Panama during Operation Just Cause.  The applicant performed duties as a UH-60A pilot during actual combat operations against armed opposition.

3.  According to the applicable regulation, 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 service in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

4.  The applicant's DD Form 214 should be corrected to add the Armed Forces Expeditionary Medal.

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 to his DD Form 214 the Armed Forces Expeditionary 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)                                         AR20140020372



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ABCMR Record of Proceedings (cont)                                         AR20140020372



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