IN THE CASE OF: BOARD DATE: 11 August 2009 DOCKET NUMBER: AR20090002345 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 award of the Armed Forces Expeditionary Medal, Overseas Service Ribbon, and Combat Infantryman Badge. 2. The applicant states he served in Panama with Company A, 2nd Battalion, 187th Infantry and he is entitled to the above awards. 3. The applicant provides a copy of his DD Form 214 and a copy of a 1st endorsement, subject: Order 125-48, dealing with his transfer from Panama to Fort Jackson, SC for discharge in June 1986. 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 as a Regular Army infantryman from 1 November 1983 to 19 June 1986. He served in Panama with Company A, 2nd Battalion, 187th Infantry from on or about May 1985 to on or about 9 June 1986. 3. On 19 June 1986, the applicant was discharged by reason of physical disability with severance pay. His DD Form 214 shows he was awarded the Army Service Ribbon, Army Lapel Button, Parachutist Badge, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and Marksman Marksmanship Qualification Badge with Grenade Bar. It does not show the Armed Forces Expeditionary Medal, Overseas Service Ribbon, or Combat Infantryman Badge. 4. Army Regulation (AR) 600-8-22 (Military Awards) sets forth Department of the Army criteria, policy and instructions concerning individual military awards, the Good Conduct Medal, service medals and service ribbons, combat and special skill badges and tabs, unit decorations, and trophies and similar devices awarded in recognition of accomplishments. It provides: a. The Armed Forces Expeditionary Medal may be authorized for the following three categories of operations: (1) U.S. military operations; (2) U.S. operations in direct support of the United Nations; and (3) U.S. operations of assistance for friendly foreign nations. The medal is authorized for issue to troops who served in Panama during Operation Just Cause (20 December 1989 to 31 January 1990). b. The Overseas Service Ribbon was established by the Secretary of the Army on 10 April 1981. The regulation states, in pertinent part, that effective 1 August 1981, all members of the Active Army, Army National Guard, and Army Reserve in an active Reserve status are eligible for the award for successful completion of overseas tours. The award may be awarded retroactively to those personnel who were credited with a normal overseas tour completion before 1 August 1981 provided they had an Active Army status on or after 1 August 1981. Numerals are used to denote the second and subsequent awards of the Overseas Service Ribbon. The Joint Federal Travel Regulation (JFTR), in Appendix Q, requires a minimum 24 months in Panama for completion of a normal unaccompanied tour. c. The Combat Infantryman Badge is awarded to infantry officers and to enlisted and warrant officer personnel who have an infantry MOS. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. The Combat Infantryman Badge is authorized for award for Operation Just Cause in Panama (20 December 1989 to 31 January 1990). DISCUSSION AND CONCLUSIONS: 1. The applicant contends he is entitled to the Armed Forces Expeditionary Medal, Overseas Service Ribbon, and the Combat Infantryman Badge. 2. To be eligible for the Armed Forces Expeditionary Medal or the Combat Infantryman Badge, the applicant must have served in Panama between December 1989 and January 1990. He was not in the Army during this period. Therefore, he is not eligible to receive the medal or the badge. 3. In order to receive the Overseas Service Ribbon, the applicant must have served 24 months in Panama; he did not. He is not eligible for this award. BOARD VOTE: ________ ________ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___X____ ___X___ ___X____ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. _______ _ _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) AR20090002345 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20090002345 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1