IN THE CASE OF: BOARD DATE: 8 December 2015 DOCKET NUMBER: AR20150005528 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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show service, during the Panama campaign and in Beirut, Lebanon between 1983 and 1986. 2. The applicant states, in effect: * he is a 100 percent disabled veteran with a son in college * he is trying to use a program available in Virginia to pay for his son's college tuition * in order for his son to be eligible for the benefits of this program, the applicant's records must show he served at the time of the conflicts in Panama and Beirut * he was stationed at Fort Lewis, WA and supported the troops for both conflicts 3. The applicant provides no additional documentary evidence. 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's records show he enlisted in the Regular Army on 30 March 1976. 3. He was honorably discharged on 7 August 1989. His DD Form 214 shows he completed 10 years, 7 months, and 25 days of net active service his period, with 3 years, 8 months, and 13 days of prior active service. Item 18 (Remarks) contains no entries reflecting his participation in any armed conflict. He was awarded or authorized: * Army Service Ribbon * Overseas Ribbon (3rd Award) * Army Achievement Medal * Army Good Conduct Medal (3rd Award) * Expert Marksmanship Qualification Badge with Rifle Bar (M-16) * Noncommissioned Officer Professional Development Ribbon 4. His available service record contains a DA Form 2-1 (Personnel Qualification Record - Part II). a. Item 5 (Overseas Service) shows service in the following locations and approximate periods: * Germany - 16 October 1976 to 24 March 1979; 2 March 1982 to 6 March 1985; 20 October 1987 to 6 August 1989 * Korea - 25 August 1980 to 24 August 1981 b. Item 35 (Record of Assignments) states, between 1983 to 1986, he was assigned to the following units: * on or about 1 January 1983 to on or about 5 March 1985, assigned to Headquarters and Headquarters Company, 84th Ordnance Company, Germany * on or about 10 April 1985 to on or about 13 January 1987, assigned to Headquarters and Headquarters Company, 593rd Area Support Group, Fort Lewis, WA 5. The Virginia Military Survivors and Dependents Education Program (MSDEP) provides education benefits to spouses and children of military service members killed, missing-in-action, taken prisoner, or who became at least 90 percent disabled as a result of military service in an armed conflict. Armed conflict includes: * military operations against terrorism * a peacekeeping mission * active duty as a result of a terrorist act * any armed conflict subsequent to 6 December 1941 6. Army Regulation 600-8-22 (Military Awards) provides, in Appendix B (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers), Table B-1, a list of recognized campaigns and conflicts. It shows the dates of the Panama Campaign as 20 December 1989 to 31 January 1990. 7. On 23 October 1983 a suicide bomber set off a bomb which destroyed the Marine Barracks in Beirut, Lebanon and killed 220 Marines, 18 Sailors, and 3 Soldiers, all members of a multinational force. 8. Army Regulation 635-8 (Personnel Separations - Separation Processing and Documents) prescribes policies and procedures for the completion of the DD Form 214. There is no provision for specifically naming conflicts which occurred during a Soldier's period of service. There is a requirement, however, to show dates of service while deployed to a combat zone. DISCUSSION AND CONCLUSIONS: 1. The applicant requests, in effect, correction of his DD Form 214 to reflect he served during the period of the destruction of the Marine Corps barracks in Beirut Lebanon as well as the Panama Campaign. 2. While the evidence of record shows he was on active duty in the Army in October 1983, there is no indication he was either personally present or participated in providing direct support to the multinational force whose members were killed by a suicide bomber on 23 October 1983. With regard to the Panama Campaign, this campaign occurred after the applicant's discharge. 3. Unless the Soldier directly participated, the regulation does not require entries on the DD Form 214 to indicate the Soldier was on active duty while a conflict or campaign took place. Additionally, the Board does not grant requests solely for the purpose of making the applicant eligible for State or Department of Veterans Affairs benefits. 4. Based upon the foregoing, there does not appear to be sufficient 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) AR20150005528 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20150005528 4 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1