IN THE CASE OF:	  

		BOARD DATE:	  19 January 2012

		DOCKET NUMBER:  AR20110014954 


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 during Operation Just Cause.

2.  The applicant states he deployed to Panama in December 1989 for Operation Just Cause.  He was released from active duty in March 1990 but his DD Form 214 does not show he served in Panama.

3.  The applicant provides:

* DD Form 214
* DD Form 215 (Correction to DD Form 214)
* DA Form 2-1 (Personnel Qualification Record)
* Two DA Forms 2166-7 (Noncommissioned Officer Evaluation Report (NCOER)) 
* Orders for the Joint Service Achievement Medal
* Army Commendation Medal Certificate

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 7 August 1984 and he held military occupational specialty 57F (Grave Registration Specialist).  He was assigned to the 259th Field Service Company, Fort Bragg, NC.

3.  During the month of February 1990, he received a change of rater NCOER which covered 4 months of rated time from September 1989 through December 1989 for his duties while serving as the graves registration chief.  None of the bullet comments on his NCOER reference a deployment to Panama during the period covered by the NCOER.

4.  His records do not contain any orders or other documentation that shows he served in Panama in support of Operation Just Cause.

5.  He was honorably discharged 26 March 1990 at the expiration of his term of service in the rank/grade of sergeant (SGT)/E-5.  He completed 5 years, 7 months, and 20 days of creditable active service.

6.  Item 12f (Foreign Service) of the DD Form 214 he was issued at the time shows the entry "00  00  00."

7.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The regulation in effect at the time stated in item 12f of the DD Form 214 show the total foreign service completed by the Soldier during the period covered by the DD Form 214.  

DISCUSSION AND CONCLUSIONS:

The evidence of record does not show and the applicant has not provided any evidence that shows he served in Panama in December 1989 in support of Operation Just Cause.  Notwithstanding his sincerity, in the absence of documentary evidence that confirms he served in Panama and the dates of that service, there is no basis for correcting his DD Form 214 to show he served in Panama in support of Operation Just Cause.

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)                                         AR20110014954



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ABCMR Record of Proceedings (cont)                                         AR20110014954



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