IN THE CASE OF: BOARD DATE: 11 October 2023 DOCKET NUMBER: AR20230002880 APPLICANT REQUESTS: Reconsideration of his previous request to correct his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show his foreign service in Panama. Also, a personal appearance before the Board. APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Certificate of Participation * DD Form 214 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20190014736 on 20 May 2021. 2. The applicant states he departed Fort Ord, CA, with the 571st Military Police Company for Panama and served in Panama from February to December 1991. He believes his record is in error [does not list his Panama service] because he returned to the United States ahead of his unit to participate in the Voluntary Early Transition Program. 3. On 9 March 1988, the applicant enlisted in the Regular Army. He completed the training requirements, and he was awarded military occupational specialty (MOS) 94B (Food Service Specialist). 4. His service record contains the following documents: a. His DA Form 2-1 (Personnel Qualification Record) showing in: (1) Item 5 (Oversea Service), he served in Germany from 7 August 1988 to 2 August 1990. (2) Item 35 (Record of Assignments), he was assigned to: LEA Fort Hunter, Liggett, CA, from 13 September 1990 to 21 July 1991; he was also assigned to the 571st Military Police Company, Fort Ord, CA, from 22 July to 20 December 1991. b. Orders Number 199-1, published by Headquarters, Law Enforcement Command, Fort Ord, CA, on 18 July 1991, shows he was assigned to the 571st Military Police Company Fort Ord, CA “No” travel involved with a reporting date of 22 July 1991. 5. On 20 November 1991, the applicant requested early separation under the fiscal year 1992 (FY92) Enlisted Voluntary Transition Program. 6. On an unspecified date, his request for voluntary early separation under the provisions (UP) of paragraph 16-8, Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), Reduction in Authorized Strength was approved. 7. On 20 December 1991, he was honorably released from active duty. His DD Form 214 shows he completed 3 years, 9 months, and 12 days of net active service this period. Item 12f (Foreign Service) shows 1 year, 11 months, and 26 days. 8. The applicant provided a Certificate of Participation, dated 20 February 1992, from The Commander, Joint Task Force Panama for actions in support of the Security and Defense of the United States Citizens, its property, and the Panama Canal during the period 16 August through 24 November 1991. 9. There is no evidence in the available service record to show he deployed to Panama in support of a particular operation in 1991. 10. By regulation, AR 15-185 (ABCMR) applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: 1. After reviewing the application, all supporting documents, and the evidence found within the military record, the Board found that relief was not warranted. The Board carefully considered the applicant's record of service, documents submitted in support of the petition and executed a comprehensive and standard review based on law, policy and regulation. Upon review of the applicant’s petition and available military records the Board determined there is insufficient evidence to indicate that the applicant’s most recent DD Form 214 for the period ending 20 December 1991 is absent important information regarding the applicant’s foreign service. The Board noted, based on the applicant’s period of service DFAS’s records are limited in their ability to verify the applicant’s contentions. Based on the lack of evidence to support the applicant’s contentions, the Board determined that reversal of the previous board decision is without merit and denied relief. 2. This board is not an investigative body. The Board determined despite the absence of the applicant’s service records, they agreed the burden of proof rest on the applicant, however, he did not provide any supporting documentation and his service record has insufficient evidence to support the applicant’s contentions for foreign service credit for his deployment to Panama. 3. The applicant’s request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :X :X :X DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: The Board found 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 to amend the decision of the ABCMR set forth in Docket Number AR20190014736 on 20 May 2021. 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, 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 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. 2. Army Regulation (AR) 635-8 (Separation Processing and Documents) provides that the DD Form 214 is a summary of the Soldier's most recent period of continuous active duty. The information entered thereon reflects the conditions as they existed at the time of separation and in item 12f enter the total amount of service performed outside the continental United States (OCONUS) during the period covered in block 12c. 3. AR 635-8 (Separation Processing and Documents), Block 18 for an active-duty Soldier deployed with his or her unit during their continuous period of active service, the statement "Service in (Name of Country Deployed) From YYYYMMDD - YYYYMMDD)". 4. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20230002880 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1