IN THE CASE OF:	  

		BOARD DATE:  17 January 2012

		DOCKET NUMBER:  AR20110014087 


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 the National Defense Service Medal (NDSM) and Overseas Service Ribbon (OSR).

2.  He states the NDSM is awarded for a minimum period of 1 day of service from August 1990 to 1995.  He states he is eligible for the OSR for his tour in Panama where he was stationed during Operation Just Cause.  He states the awards were presented to him, but were not entered on his DD Form 214.

3.  He provides his DD Form 214.

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 29 June 1989.  After completing initial entry training, he was awarded military occupational specialty 63B (Light Wheeled Vehicle Mechanic) and assigned to duty in Panama.

3. His DA Form 2-1 (Personnel Qualification Record) shows in:

* item 5 (Oversea Service) he served in Panama from 4 January to 3 October 1990
* item 5 no entry in the block for normal tour completion (NTC)
* item 9 (Awards, Decorations, and Campaigns) he was authorized the –

* Army Service Ribbon (ASR)
* Armed Forces Expeditionary Medal (AFEM)
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar

4.  On 2 October 1990, he was discharged under honorable conditions.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the DD Form 214 issued at that time shows he was authorized the:

* ASR
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Sharpshooter Marksmanship Qualification Badge with Hand Grenade Bar
* AFEM

6.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 8 months and 28 days of foreign service.

7.  Army Regulation 600-8-22 (Military Awards) states the NDSM is awarded for honorable active service for any period between 27 July 1950 and 27 July 1954, 1 January 1961 and 14 August 1974, 2 August 1990 and 30 November 1995, and 11 September 2001 and a date to be determined.

8.  Army Regulation 600-8-22 states the OSR was established by the Secretary of the Army on 10 April 1981.  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.

9.  The Joint Federal Travel Regulation, appendix Q, part 1, lists tour lengths for Department of Defense personnel.  It states an accompanied tour in Panama is 36 months and an unaccompanied tour is 24 months.

DISCUSSION AND CONCLUSIONS:

1.  The applicant was discharged well before successfully completing a tour in Panama.  Therefore, he is not entitled to correction of his record to show the OSR.

2.  The applicant served during a period of eligibility for the NDSM.  Therefore, he is entitled to correction of his DD Form 214 to show this award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X ___  ___X____  ____X___  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the NDSM to item 13 of his DD Form 214.

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to the OSR.



      _______ _  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)                                         AR20110014087



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ABCMR Record of Proceedings (cont)                                         AR20110014087



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