IN THE CASE OF: BOARD DATE: 17 October 2013 DOCKET NUMBER: AR20130003130 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 the bronze arrowhead be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty). 2. The applicant states: * the bronze arrowhead was awarded to his unit (Company C, 2nd Battalion, 27th Infantry) for actions on 25 November 1989 during the invasion of Panama * the award was never issued as an order to specific personnel, only to the unit as a whole and he was awarded the bronze arrowhead after his discharge 3. The applicant provides: * DD Form 214 * DD Form 215 (Correction to DD Form 214) * orders for an unspecified award * two pages of his DA Form 2-1 (Personnel Qualification Record) * letter, dated 7 February 2013, from a Member of Congress 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 14 April 1987 and trained as a heavy anti-armor weapon infantryman. 3. His DA Form 2-1 shows: * he was assigned to Company C, 2nd Battalion, 27th Infantry from 20 July 1987 to 9 July 1990 * the entry "DUTY IN IMMINENT DANGER PAY AREA (PANAMA) 20 DEC 89 TO 31 JAN 90" (20 December 1989 to 31 January 1990) in item 27 (Remarks) 4. On 7 November 1990, he was discharged. 5. His DD Form 214 shows he was awarded or authorized the: * Army Service Ribbon * Combat Infantryman Badge * Good Conduct Medal * Expert Marksmanship Qualification Badge with Rifle, Grenade, and Missile Bars 6. Department of the Army General Orders Number 31, dated 30 November 1992, show Company C, 2nd Battalion, 27th Infantry was credited with participation in an amphibious assault landing on 20 December 1989 in Colon, Panama. 7. Army Regulation 600-8-22 (Military Awards) states the “arrowhead” will be worn on the appropriate service medal to denote participation in a combat parachute jump, helicopter assault landing, combat glider landing, or amphibious assault landing while assigned or attached as a member of an organized force carrying out an assigned tactical mission. Individual assault credit is tied directly to the combat assault credit decision for the unit to which the Soldier is assigned. The unit must be credited with a combat assault in order for the Soldier to receive credit for a combat assault and the Soldier must physically exit the aircraft or the watercraft as appropriate. The arrowhead is authorized for wear on the Armed Forces Expeditionary Medal (AFEM). 8. Army Regulation 600-8-22 states the AFEM 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. DISCUSSION AND CONCLUSIONS: 1. The applicant served in Panama during a period of qualifying service for award of the AFEM. Therefore, his DD Form 214 should be corrected to show this medal. 2. Orders show his unit was credited with participation in an amphibious assault landing on 20 December 1989 in Panama. Therefore, the bronze arrowhead should be added to his AFEM on his DD Form 214. BOARD VOTE: ___X____ ___X___ ___X____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board determined that the evidence presented was 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 adding the AFEM with bronze arrowhead to his DD Form 214. _______ _ 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) AR20130003130 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1 ABCMR Record of Proceedings (cont) AR20130003130 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1