IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150018158 BOARD VOTE: ____x____ ___x___ ____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150018158 BOARD DETERMINATION/RECOMMENDATION: The Board determined the evidence presented is 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. adding to item 13 of his DD Form 214 the: * Army Superior Unit Award * Armed Forces Expeditionary Medal b. adding to item 18 of his DD Form 214 the entry "SERVICE IN PANAMA FROM 19891220-19900120" ____________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. IN THE CASE OF: BOARD DATE: 18 April 2017 DOCKET NUMBER: AR20150018158 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 the dates of his combat service during Operation Joint Cause and the Armed Forces Expeditionary Medal. 2. He states he served in Panama for 5 months during Operation Just Cause. During this period he completed three combat missions; however, he never received credit for his service. 3. The applicant provides his: * Operation Just Cause Certificate * Miscellaneous orders and discharge certificates 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 8 March 1983. 3. His military records contain a Joint Task Force South "Operation Just Cause" certificate, undated, which recognized his participation in the defense and stabilization of the Republic of Panama from 20 December 1989 to 20 January 1990. 4. His DA Form 2-1 (Personnel Qualification Record) shows he completed overseas service in Panama while assigned to the: * 536th Engineer Battalion from 2 October 1987 to 31 May 1989 * 1st Battalion (Airborne), 508th Infantry from 1 June 1989 to 8 May 1990 5. On 15 May 1990 he was honorably discharged. His DD Form 214 does not show award of the Armed Forces Expeditionary Medal or combat service in Panama. 6. General Orders 20, dated 30 August 1991, awarded the 508th Infantry the Army Superior Unit Award for the period 1 February to 31 December 1990. REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990. 2. 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. It established standardized policy for the preparation of the DD Form 214. It stated that for an active duty Soldier deployed to a foreign country with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" will be entered in item 18 (Remarks). DISCUSSION: 1. The evidence shows the applicant participated in Operation Just Cause during the period 20 December 1989 to 20 January 1990, which is a qualifying period for award of the Armed Forces Expeditionary Medal. General orders awarded his unit, the 1st Battalion (Airborne), 508th Infantry, the Army Superior Unit Award. These awards are not listed on his DD Form 214. 2. Concerning his combat service in Panama, regulatory guidance stated to enter periods of such service on the DD Form 214. As this entry is not shown on his DD Form 214, it would appear appropriate to add this required entry. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150018158 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150018158 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2