IN THE CASE OF:	  

		BOARD DATE:	  25 August 2015

		DOCKET NUMBER:  AR20150000077 


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 he was awarded or authorized the Armed Forces Expeditionary Medal with Arrowhead device and the Parachutist Badge with gold combat star.

2.  The applicant states he served with 1st Battalion, 75th Ranger Regiment in Panama on 20 December 1989.  The Arrowhead device is missing from his Armed Forces Expeditionary Medal for his service in Panama during Operation Just Cause, and the Parachutist Badge entry on his DD Form 214 does not include a gold combat star.  

3.  The applicant provides no additional evidence in support of his request.  

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 2 May 1989, held military occupational specialty 11B (Infantryman), and attained the rank/grade of specialist (SPC)/E-4.  

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

	a.  Item 5 (Oversea Service), he served in Saudi Arabia, in a temporary duty (TDY) capacity, for 1 month and 28 days, from 7 January 1991 to 4 March 1991. 
   
	b.  Item 27 (Remarks), he served in an imminent Danger Pay Area (Panama) for 17 days, from 20 December 1989 to 7 January 1990.
   
   c.  Item 35 (Record of Assignments), he was assigned to:

* Company C, 1st Battalion, 75th Ranger Regiment, Hunter Army Air Field, Savannah, Georgia, from 5 October 1989 to 12 December 1990
* Company C, 1st Battalion (Provisional), from 13 December 1990 to   28 January 1991
* 24th Replacement Detachment, Dhahran, Saudi Arabia, from 
29 January 1991 to an unknown date
* Headquarters and Service Company, 124th Military Intelligence Battalion, from 7 November 1991 to 2 June 1992

4.  Permanent Orders Number 168-20, issued by Headquarters, U.S. Army Infantry Center, Fort Benning, Georgia on 30 August 1998, awarded him the Parachutist Badge for successfully completion of Airborne training, effective        8 September 1989.

5.  Permanent Orders Number 12-5, issued by Headquarters, Joint Task Force South on 26 January 1990, awarded him the Combat Infantryman Badge for the period 20 December 1989 to 7 January 1990, while assigned to Company A, 1st Battalion, 75th Ranger Regiment.

6.  His record contains an Army Commendation Medal Certificate, annotated as Permanent Orders Number 52-18, issued by the 124th Military Intelligence Battalion on 16 April 1992, which awarded him the Army Commendation Medal for service during the period 2 May 1989 to 2 June 1992.  This award appears to be an end of tour award and states:

	FOR MERITORIOUS SERVICE WHILE PERFORMING DUTIES AS THE 	UNIT ARMOER.  HIS EXEMPLARY DUTY PERFORMANCE GREATLY 	CONTRIBUTED TO THE SUCCESS OF OPERATIONS JUST CAUSE AND 	DESERT SHIELD/STORM…

7.  He was honorably released from active duty on 2 June 1992.  His DD Form 214 shows he completed 3 years, 1 month, and 1 day of net active service.  It further shows in:

	a.  Item 12f (Foreign Service), he was credited with 1 month and 20 days of foreign service.  

	b.  Item 24 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded ort Authorized), he was awarded or authorized the:

* Army Commendation Medal
* Army Good Conduct Medal (1st Award)
* National Defense Service Medal
* Armed Forces Expeditionary Medal (Panama)
* Southwest Asia Service Medal with two bronze service stars
* Army Service Ribbon
* Combat Infantryman Badge
* Kuwait Liberation Medal
* Parachutist Badge
* Marksman Marksmanship Qualification Badge with Rifle and Grenade Bars
* Army Lapel Button

	c.  Item 18 (Remarks) does not contain an entry referring to his service in  Saudi Arabia or Panama.

8.  A review of the Unit Award website, maintained by the U.S. Army Human Resources Command (HRC), shows the 1st Battalion, 75th Ranger Regiment, was awarded Assault Landing Credit (Panama Campaign Participation Credit) for the period 20 December 1989, by Department of the Army General Orders 31, dated 30 November 1992.

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

   a.  Paragraph 6-9 provides that the arrowhead is a bronze replica of an Indian arrowhead 1/4-inch high.  It denotes participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing, while assigned or attached as a member of an organized force carrying out an assigned tactical mission.  A Soldier must actually exit the aircraft or watercraft, as appropriate, to receive assault-landing credit.  Individual assault-landing credit is tied directly to the combat assault-landing credit decision (see para 7–24) for the unit to which the Soldier is attached or assigned at the time of the assault.  If a unit is denied assault-landing credit, no assault-landing credit will accrue for the individual Soldiers of that unit.  It is worn on service and suspension ribbons of the Asiatic-Pacific Campaign Medal, European-African-Middle Eastern Campaign Medal, Korea Service Medal, Vietnam Service Medal, Armed Forces Expeditionary Medal, Global War on Terrorism Expeditionary Medal, Afghanistan Campaign Medal, and the Iraq Campaign Medal. Only one arrowhead will be worn on any ribbon.

   b.  Paragraph 8-11 provides that a bronze service star is authorized to be worn on the Parachutist Badge to denote a Soldier’s participation in a combat parachute jump.  Orders are required to confirm award of these badges.  A Soldier’s combat parachute jump credit is tied directly to the assault-landing credit decision (para 7–24) for the unit to which the Soldier is attached or assigned at the time of the assault.  Should a unit be denied air assault credit, no air assault credit for purpose of this badge will accrue to the individual Soldiers of that unit. Each Soldier must physically exit the aircraft to receive combat parachute jump credit and the Parachutist Badge with bronze service star.  

	c.  Paragraph 9-15 provides that the Kuwait Liberation Medal, as awarded by the Kingdom of Saudi Arabia (KLM-SA), was approved on 3 January 1992 and was awarded to members of the Armed Forces of the United States who participated in the Persian Gulf War between 17 January 1991 and 28 February 1991.

   d.  Paragraph 9-16 provides that the Kuwait Liberation Medal, as awarded by the Government of Kuwait  (KLM-K), was approved on 9 November 1995 and was 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.

10.  Army Regulation 635-5 (Personnel Separations – Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  Chapter 2 established standardized policy for the preparation of the DD Form 214.  It stated that for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 13, enter awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22
* item 18, for an active duty Soldier deployed with his/her unit during their continuous period of active service, enter "Service in (Name of Country Deployed) FROM (inclusive dates, YYYYMMDD - YYYYMMDD)"

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant was awarded the Parachutist Badge prior to his service in Panama and that he was awarded the Armed Forces Expeditionary medal for his service in Panama.

2.  Department of the Army General Orders Number 31, dated 30 November 1992, awarded the applicant's unit Assault Landing Credit (Panama Campaign Participation Credit) for the period 20 December 1989.  Therefore, he is entitled to correction of his DD Form 214 to add the bronze service star to his previously-awarded Parachutist Badge and the Arrowhead device to his previously-awarded Armed Forces Expeditionary Medal.

3.  His DD Form 214 shows he was awarded the Kuwait Liberation Medal; however, his service qualified him for award of the Kuwait Liberation Medals awarded by both the Kingdom of Saudi Arabia and the Government of Kuwait.  Therefore, he is entitled to correction of his DD Form 214 to show both awards.

4.  His DA Form 2-1 shows he served in Panama for 17 days and Saudi Arabia for 1 month and 28 days, totaling 2 months and 15 days.  However, item 12f of his DD Form 214 shows he completed only 1 month and 20 days of foreign service.  Therefore, he is entitled to correction of his DD Form 214 to show he completed 2 months and 15 days of foreign service.  

5.  Item 18 of his DD Form 214 does not show his foreign service in Panama or Saudi Arabia.  Therefore, he is entitled to correction of his DD Form 214 to show the locations of his foreign service.  

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:

	a.  deleting from item 12f of his DD Form 214 the entry "00  01  20" and replacing it with the entry "00  02  15"

	b.  deleting from item 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal
* Parachutist Badge
* Kuwait Liberation Medal

	c.  adding to item 13 of his DD Form 214 the:

* Armed Forces Expeditionary Medal with Arrowhead device
* Parachutist Badge with one bronze service star
* Kuwait Liberation Medal (Kingdom of Saudi Arabia)
* Kuwait Liberation Medal (Government of Kuwait) 

	d.  adding to item 18 of his DD 214 the following entries:

* "Service in Panama from 19981220 - 19900107" 
* "Service in Saudi Arabia from 19910107 - 19910304"




      __________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)                                         AR20150000077





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ABCMR Record of Proceedings (cont)                                         AR20150000077



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