IN THE CASE OF:	  

		BOARD DATE:	  29 September 2015

		DOCKET NUMBER:  AR20150002890 


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 records to show a 15-month period of service in Panama (August 1973 - November 1974) and again in October 1989.

2.  The applicant states his initial overseas tour is listed as Europe.  It was scratched through and never replaced with Panama on his DA Form 20 (Enlisted Qualification Record).  He served with Company A, 4th Battalion, 20th Infantry Regiment in Panama from August 1973 through November 1974.  In October 1989 he and seven other Soldiers were attached as an advanced party to 1st Battalion, 504th Regiment, 82nd Airborne Division with service in Panama.  He needs these corrections to verify injuries sustained from inhalation of harsh chemicals and exposure to Agent Orange while in the Canal Zone of Panama.  

3.  The applicant provides copies of U.S. Army Forces, Southern Command Special Orders Number 166, an 18 November 1974 DD Form 214 (Report of Separation from Active Duty), and a DA Form 20. 

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 served in the Regular Army from 16 November 1971 through 18 November 1974.  

3.  U.S. Army Forces, Southern Command, Special Orders Number 166, dated 20 August 1974, promoted the applicant to specialist four (SP4) with an effective date of 2 August 1974.  His unit at the time is shown as Company A, 4th Battalion, 20th Infantry Regiment.  

4.  His DA Form 20 covering the period 16 November 1971 through 18 November 1974 shows –

* foreign service in Panama from 30 September 1973 through an unreadable date (possibly 17 November 1974)
* the record of assignments section shows a 30 September 1973 assignment to Company A, 4th Battalion, 20th Infantry in Panama with the next entry being his release from active duty and transfer to the U.S. Army Reserve on 18 November 1974
* there is no entry on this form showing service in Germany during this period

5.  Discharge orders for the period of service ending 18 November 1974 are not of record.  His 18 November 1974 DD Form 214 shows 1 year, 1 month, and 19 days of foreign service with the statement "Country of Last Overseas Service: Germany."  It also shows "USAREUR" as his last major command in item 11 (Last Duty Assignment and Major Command).

6.  He reenlisted on 25 June 1975 and served until 18 June 1978.  His 
DD Form 214 for this period shows 11 months and 24 days of foreign service in Korea.

7.  He executed an immediate reenlistment on 19 June 1978 with continuous active duty service until he retired on 30 June 1992.  His DD Form 214 for the period ending 30 June 1992 shows 1 year, 11 months, and 23 days of foreign service during this period.  It does not show the location of this foreign service.

8.  His DA Form 2-1 (Personnel Qualification Record), which covers his later periods of service, shows – 

* a lined out entry for foreign service in Germany from 28 September 1973 through 16 November 1974
* foreign service in Korea from 11 October 1976 through 1 October 1977
* foreign service in Germany from 16 June 1982 through 8 June 1984
* duty assignment in 1989 at Fort Benning, GA

9.  His record contains no documentation of service in Panama in 1989.

DISCUSSION AND CONCLUSIONS:

1.  His DA Form 20 shows he served in Panama (U.S. Army South (USARSO)) from 30 September 1973 through 16 November 1974.  Orders show he was promoted to SP4 on 20 August 1974 while serving with Company A, 4th Battalion, 20th Infantry Regiment in Panama.  

2.  Further, his DA Form 2-1 initially carried over the incorrect location of the applicant's first period of foreign service as Germany.  It appears that only a partial correction of this error was made by lining through the entry.  Based on the foregoing, his DD Form 214 incorrectly shows his last country of foreign service as Germany and his last major command as "USAREUR."  Therefore, it would be appropriate to correct these errors by amending item 11 to show "USARSO" instead of "USAREUR" and item 27 (Remarks) to show "Country of Last Overseas Service: Panama (30 September 1973 – 16 November 1974)."

3.  He has not provided and the record does not contain any evidence of his alleged service in Panama in 1989 or at any other time aside from that listed above.

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 amending his DD Form 214 for the period ending 18 November 1974 by:

* deleting from item 11 "USAREUR" and adding "USARSO"
* deleting from item 27 "Country of Last Overseas Service: Germany" and adding "Country of Last Overseas Service: Panama (30 September 1973 – 16 November 1974)"

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 showing any foreign service in Panama in excess of that described above.



      __________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)                                         AR20150002890



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ABCMR Record of Proceedings (cont)                                         AR20150002890



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