IN THE CASE OF: BOARD DATE: 10 December 2015 DOCKET NUMBER: AR20150005040 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 his foreign service in Panama. 2. The applicant states that he deployed to Panama with the 105th Support Battalion, 61st Infantry, 5th Infantry Division (Mechanized), but his DD Form 214 does not show the deployment. 3. The applicant provides no additional documentary evidence in support of his application. 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 (RA) on 7 February 1989 for a period of 4 years. He was awarded military occupational specialty (MOS) 92A (Automated Logistical Specialist). 3. His DA Form 2-1 (Personnel Qualification Record) shows in: * item 5 (Oversea Service) – * Germany from 7 January 1991 through 14 February 1991 * Saudi Arabia from 15 February 1991 through 3 May 1991 * Germany from 4 May 1991 through 28 January 1995 * item 9 (Awards, Decorations, and Campaigns) does not show the Armed Forces Expeditionary Medal * item 27 (Remarks): "Imminent Danger Pay Area Southwest Asia: 15 February 1991 – 3 May 1991 * item 35 (Record of Assignments): Company A, 105th Support Battalion, Fort Polk, LA, from 21 June 1989 through 11 December 1990 * item 33 (Date): Reviewed – 22 February 1995 * item 34 (Signature), the applicant's signature 4. Through a series of reenlistments in the RA, the applicant continued to serve on active duty. He was promoted to corporal (E-4) on 1 November 1990. 5. The applicant's DD Form 214 shows he was honorably discharged on 25 October 1996. He had completed 7 years, 8 months, and 19 days of total active service during this period. It also shows in: * item 12f (Foreign Service) – 4 years, 0 months, 22 days * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – * Army Achievement Medal (4th Award) * Army Lapel Button * Army Good Conduct Medal (2nd Award) * National Defense Service Medal * Southwest Asia Service Medal with 2 Bronze Service Stars * Noncommissioned Officer Professional Development Ribbon * Army Service Ribbon * Overseas Service Ribbon * Kuwait Liberation Medal–Saudi Arabia * Kuwait Liberation Medal–Kuwait * Expert Marksmanship Qualification Badge with Grenade Bar * Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar * item 18 (Remarks) – Service in Southwest Asia from 15 February 1991 through 3 May 1991 [It does not show service in Panama] 6. A review of the applicant's military personnel records failed to reveal any orders or other evidence that shows he deployed to Panama during the period of service under review. 7. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days, provided this support involved entering the area of operations. b. Table 2-3 (AFEM - Designated U.S. Military Operations) shows the AFEM was authorized for service in Panama in support of Operation Just Cause from 20 December 1989 to 31 January 1990. 8. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army. It also established standardized policy for preparing and distributing the DD Form 214. a. Item 13 stated entries would be for all periods of service. Check the Soldier's military service records for the validity of awards. Do not abbreviate when listing these entries. b. Item 18 stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)." DISCUSSION AND CONCLUSIONS: 1. The applicant contends his DD Form 214 should be corrected to show his service in Panama. 2. Records show the applicant served overseas, as follows: * Germany from 7 January 1991 through 14 February 1991 * Saudi Arabia from 15 February 1991 through 3 May 1991 * Germany from 4 May 1991 through 28 January 1995 3. A computation of the three periods of overseas service shows the following: 1991  02  14 date of reassignment from Germany - 1991  01  07 date of assignment to Germany =  00  01  07 + _ 1 inclusive day =  00  01  08 net overseas service during this period (Germany) 1991  05  03 date of redeployment from Saudi Arabia - 1991  02  15 date of deployment to Saudi Arabia =  00  02  18 + _ 1 inclusive day =  00  02  19 net overseas service during this period (Saudi Arabia) 1995  01  28 date of reassignment from Germany - 1991  05  04 date of reassignment to Germany =  03  08  24 + _ 1 inclusive day =  03  08  25 net overseas service during this period (Germany) 4. A computation of the total overseas service for these three periods is, as follows: 00  01  08 Germany 00  02  19 Saudi Arabia +  03  08  25 Germany =  03  11  52 total overseas service during this period, which equals or 04 00 22 4 years, 0 months, 22 days of total overseas service 5. Item 12f of the applicant's DD Form 214 confirms his total foreign service of 4 years, 0 months, and 22 days. 6. There is no evidence of record (deployment orders, assignment entries, or corresponding service medal) and the applicant provides insufficient evidence to show that he deployed to Panama with his unit during the period of service under review. 7. In view of the foregoing, there is an insufficient evidentiary basis for granting the requested relief. 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) AR20150005040 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005040 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1