IN THE CASE OF:	   

		BOARD DATE:	         30 October 2008

		DOCKET NUMBER:  AR20080007673 


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 that his records be corrected to show medals, citations, and ribbons earned for his service in Panama.

2.  The applicant states that he served in Operation Just Cause in Panama during the period December 1989 through January 1990.

3.  The applicant provides no additional documentary evidence in support of this 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. Records show that the applicant entered active duty on 13 June 1989 and served until he was honorably released from active duty on 15 June 1992 and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement) to complete his remaining military service obligation.  The highest grade he held on active duty was specialist/pay grade E-4.

3.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows that he was awarded the Army Service Ribbon, National Defense Service Medal, Multinational Forces and Observers Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

4.  His DD Form 214 does not show that he served in Panama or that he participated in Operation Just Cause.

5.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in item 27 (Remarks) the entry "DUTY IN IMMINENT DANGER PAY AREA (PANAMA) 20 DEC 89 TO 31 JAN 90."

6.  There are no orders in the available records or any other documentation which shows that the applicant actively participated in Operation Just Cause Panama.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show medals, citations, and ribbons earned for service in Panama was carefully considered and determined to be without merit.

2.  Although the applicant's Personnel Qualification Record shows an entry which refers to service in Panama, this entry was lined through and in effect deleting it from his record.  There is no other evidence and the applicant has not provided sufficient evidence which corroborates his contention that he participated in Operation Just Cause in Panama.

3.  Based on the foregoing, there is insufficient evidence to support the applicant's request.







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)                                         AR20080007673



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ABCMR Record of Proceedings (cont)                                         AR20080007673



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