ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEDING IN THE CASE OF:   BOARD DATE:  22 October 2021 DOCKET NUMBER:  AR20210011597 


APPLICANT REQUESTS: Correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 17 May 1991, to show credit for his deployment to Panama in support of Operation Promote Liberty in 1990.  Specifically, he requests that item 18 (Remarks) of his DD Form 214 be amended to show he was retained on active duty for 83 days, under Title 10, U.S. Code, Section 673C, as Essential to National Security and due to Operation Desert Storm, not just for essential national security. 

APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: 

•DD Form 293 (Application for the Review of Discharge from the Armed Forces ofthe United States), dated 9 January 2021

•supporting document with pictures

•character reference letter addressed to the Department of Veterans Affairs (VA),dated 26 December 2019



FACTS: 

1.The applicant did not file within the three-year time frame provided in Title 10, U.S.Code (USC), Section 1552 (b); however, the Army Board for Correction of MilitaryRecords (ABCMR) conducted a substantive review of this case and determined it is inthe interest of justice to excuse the applicant's failure to timely file.

2.The applicant states, in effect:

a.He is being denied service related medical assistance because his DD Form 214does not include his deployment to Panama in support of Operation Just Cause.  In January 1990, after Operation Just Cause was over, he was sent back to Fort Polk, Louisiana.  He was later re-deployed to Panama for Operation Liberty at the end of January 1990 or the beginning of February 1990.  It was so long ago that he is not sure of the exact dates. 

b.He realizes that none of this is on his DD Form 214, and from the time of hisdischarge until now (30 years later), he thought section #13 of his DD Form 214, which states that he received the overseas service ribbon and his national defense service medal, was enough proof to document in his file other than his DD Form 214 that he was deployed.  He needs his deployments to Panama added to his DD Form 214.  He would also like his DD Form 214 to specifically state he was retained 83 days due to "Desert Storm" and not just for "essential national security."  Apparently, specifics are needed rather than vague acknowledgment of his service deployment. 

3.The applicant enlisted in the Regular Army on 24 June 1987.  Following thecompletion of his initial entry training, he was awarded military occupational specialty(MOS) 91A (Medical Specialist).

4.The applicant served in the Federal Republic of Germany from 1 December 1987through 26 November 1989.  Following service in Germany, the applicant was assignedto Headquarters and Headquarters Company (HHC), 3rd Battalion (Mechanized), 6thInfantry Regiment, at Fort Polk, Louisiana.

5.Orders Number 000000-012, issued by 3rd Battalion (Mechanized), 6th InfantryRegiment, Fort Polk, Louisiana on 21 March 1990, attached the applicant to CharlieCompany, 3rd Battalion (Mechanized), 6th Infantry Regiment, effective 21 March 1990,for an indefinite period as an augmentee in support of Operation Promote Liberty.

6.The applicant was honorably released from active duty (REFRAD) on 17 May 1991,under the provisions of Army Regulation 635-200 (Personnel Separations – EnlistedPersonnel), Chapter 4, by reason of expiration term of service.  His DD Form 214 showshe was credited with three years and ten months and 24 days of net active service.  HisDD Form 214 does not contain any deployment verification data.

7.The applicant's DA Form 201 (Personnel Qualification Record – Part II) is void ofentries, and his record is void of documentation, that confirms the periods of hisdeployment to Panama in support of Operation Just Cause or Operation PromoteLiberty.

8.The applicant provides:

a.A document with three pictures, which he contends were taken while in Panamafrom a military tank, in uniform with his unit insignia and a picture at the airstrip. 

b.A character reference letter addressed to the VA that attests to him beingdeployed in 1989 to 1990 to Panama for military operations.  He was deployed for a few months because he was able to write and he called home several times during his deployment.  He mentioned that he was in a jungle at first and he had to fight off swamp alligators and bats while in the jungle. 
BOARD DISCUSSION: 

After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. The applicant did not state what makes the reference listed in block 18 wrong about his extended 83 days of service under public law during the period. The Board agreed there was no error with the annotation in block 18. The Board considered his orders as an augmentee, pictures provided, and the statement by his mother in reference to deploying to Panama. Unfortunately, the Board could not determine if the applicant actually deployed by the orders, nor determine a start and end date if deployed.  The applicant is advised to request his leave and earning statements from the period to assist with validating a deployment.  The Board determined there is insufficient relief to grant relief. 

BOARD VOTE: 

Mbr 1 Mbr 2 Mbr 3 

: : : GRANT FULL RELIEF 

: : : GRANT PARTIAL RELIEF 

: : : GRANT FORMAL HEARING 

:XXX :XX :XX DENY APPLICATION 





BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice.  Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.


P65#yIS1


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. 
REFERENCES: 

1.Title 10, USC, Section 1552(b), provides that applications for correction of militaryrecords must be filed within three years after discovery of the alleged error or injustice.This provision of law also allows the ABCMR to excuse an applicant's failure to timelyfile within the three-year statute of limitations if the ABCMR determines it would be inthe interest of justice to do so.

2.Army Regulation 635-5 (Separation Documents) prescribes the separationdocuments prepared for Soldiers upon retirement, discharge, or release from activemilitary service or control of the Army.  It establishes standardized policy for thepreparation of the DD Form 214.  It states the DD Form 214 is a synopsis of theSoldier's most recent period of continuous active duty.  It provides a brief, clear-cutrecord of active Army service at the time of release from active duty, retirement ordischarge.  Table 2-1 instructs the preparer that for item 18, for an active duty Soldierdeployed with his or her unit during their continuous period of active service, enter thestatement "Service in (Name of Country Deployed) from (inclusive dates for example,YYYYMMDD - YYYYMMDD)."

//NOTHING FOLLOWS//