IN THE CASE OF:	  

		BOARD DATE:	  11 August 2015

		DOCKET NUMBER:  AR20140020810 


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 (Report of Separation from Active Duty) to show in:

* item 26 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) – the Army Good Conduct Medal and any other awards authorized for the Torrijos-Carter conflict in Panama from 1977 to 1979
* item 27 (Remarks) – he served in the Torrijos-Carter conflict on combat operations from 1977 to 1979

2.  The applicant states he would like item 26 of his DD Form 214 to list the Army Good Conduct Medal and any awards for the Torrijos-Carter conflict.  He would like item 27 of this form to show he served in this conflict from 1977 to 1979.

3.  The applicant provides copies of a Special Intelligence Assignment memorandum and his 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 the cases 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.

2.  The applicant enlisted in the Regular Army in pay grade E-1 on 24 August 1976 for a period of 3 years.  He completed his training and was awarded military occupational specialty 72E (telecommunications center operator). 

3.  He served in Germany from 27 February through 18 April 1977.

4.  He provided a copy of a Special Intelligence Assignment memorandum, dated 23 November 1977, assigning him to the U.S. Army Communications Command, Canal Zone, Panama, on a permanent change of station (PCS).

5.  He served in Panama (Canal Zone) from 20 July 1978 through on or about 18 August 1979.

6.  He was issued a letter of commendation, dated 18 December 1978, for his outstanding contribution in support of the Expert Infantryman Badge Test during the period 16 to 28 October 1978.

7.  He was honorably released from active duty in pay grade E-4 on 16 August 1979.  He completed 2 years, 11 months, and 23 days of active service.  His DD Form 214 lists in:

* item 18f (Foreign and/or Sea Service This Period) – 1 year and 25 days
* item 26 – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 27 – "Country of Last Overseas Service:  Canal Zone (780720-790814)"

8.  His DA Form 2-1(Personnel Qualification Record – Part II) lists in:

* item 9 (Awards, Decorations, and Campaigns) – Sharpshooter Marksmanship Qualification Badge with Rifle Bar (M-16)
* item 27 (Remarks) – he was eligible for reenlistment

9.  There is no evidence of any disciplinary action or a commander's disqualification that would have precluded him from being recommended for or awarded the Army Good Conduct Medal (1st Award).

10.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

   a.  The Army Good Conduct Medal is awarded for each 3 years of continuous enlisted active Federal military service completed on or after 27 August 1940; for the first award only, 1 year served entirely during the period 7 December 1941 to 2 March 1946; and, for the first award only, upon termination of service on or after 27 June 1950 of less than 3 years but more than 1 year.  However, there was no right or entitlement to the medal until the immediate commander made a positive recommendation for its award and until the awarding authority announced the award in general orders.

   b.  There are no authorized awards listed for service in Panama between 1978 and 1979.  The regulation also does not list any named combat conflicts occurring at the time the Torrijos-Carter Treaties were signed in 1977.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, set standardized policy for preparing and distributing the DD Form 214.  It stated the DD Form 214 was a summary of a Soldier's most recent period of continuous active service.  It provided a brief, clear-cut record of active duty service at the time of release from active duty, retirement, or discharge.  Chapter 2 of Army Regulation 635-5 contains guidance on preparation of the DD Form 214.  The regulation stated:

* item 18f would list the total period of foreign service completed during the period covered by the DD Form 214
* item 26 would list all authorized awards and decorations
* item 27 would list the country in which the last period of overseas service was performed

12.  Army Regulation 635-8 (Separation Processing and Documents), currently in effect, states to enter "SERVICE IN (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD-YYYYMMDD)" in item 18 (Remarks) of the DD Form 214 for an active duty Soldier deployed with his/her unit during their continuous period of active service,

13.  An Internet site describes the Torrijos-Carter Treaties as two treaties signed by the United States and Panama in Washington, DC, on 7 September 1977, which abrogated the Hay-Bunau-Varilla Treaty of 1903.  The treaties guaranteed that Panama would gain control of the Panama Canal after 1999, ending the control of the canal that the U.S. Government had exercised since 1903.  The treaties are named after the two signatories, U.S. President Jimmy Carter and the Commander of Panama's National Guard, General Omar Torrijos.

DISCUSSION AND CONCLUSIONS:

1.  With regard to the Army Good Conduct Medal, the evidence shows he completed 2 years, 11 months, and 23 days of honorable service.  He attained pay grade E-4, completed two overseas tours, received a letter of commendation, and was determined to be eligible for reenlistment.  There is no evidence of a commander's disqualification for award of the Army Good Conduct Medal during his period of service.  Therefore, it appears there is sufficient evidence to support award of the Army Good Conduct Medal (1st Award) for his period of service from 24 August 1976 through 16 August 1979 and its addition to his DD Form 214.

2.  In view of the aforementioned correction, his DD Form 214 should also be corrected as recommended below:

   a.  The evidence shows he served in Panama from 20 July 1978 through on or about 14 August 1979, a period of 1 year and 25 days.  This foreign service is correctly captured in item 18f of his DD Form 214.  

   b.  However, he also completed an additional 1 month and 22 days of foreign service in Germany from 27 February through 18 April 1977.  Therefore, item 18f of his DD Form 214 should be corrected to show he completed a total of 1 year, 2 months, and 17 days of foreign service.

3.  With regard to other awards for his service in the Panama and correction of item 27 of his DD Form 214 to show he served during the Torrijos-Carter conflict: 

   a.  In accordance with Army Regulation 600-8-22, there are no awards authorized for service in Panama from 1978 to 1979.  The regulation also does not recognize the Torrijos-Carter as a conflict involving military personnel in combat operations.  The Torrijos-Carter Treaties were signed on 7 September 1997 by President Carter and General Torrijos, guaranteeing Panama control of the Panama Canal after 1999.  

   b.  The evidence shows he served in Panama in a PCS status; therefore, it was not a deployment.  Current regulatory guidance provides for an entry on the DD Form 214 for those who deploy with their unit to identify the deployment geographic location and inclusive dates of the deployment.  There is no evidence of record and he provided insufficient evidence to show he was deployed to Panama.  As there is no named military operation titled the "Torrijos-Carter" conflict, there is no evidentiary basis to support granting him the requested relief.


BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is 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:

* awarding him the Army Good Conduct Medal (1st Award) for his period of service from 24 August 1976 through 16 August 1979
* deleting the current entry in item 18f of his DD Form 214 and replacing it with the entry, "01  02  17"
* adding award of the Army Good Conduct Medal (1st Award) to his DD Form 214

2.  The Board further determined 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 correction of items 26 and 27 of his DD Form 214 to show any other awards and combat service in Panama. 



      _____________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)                                         AR20140020810



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ABCMR Record of Proceedings (cont)                                         AR20140020810



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