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ARMY | BCMR | CY2002 | 2002069402C070402
Original file (2002069402C070402.rtf) Auto-classification: Denied
MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 27 August 2002
         DOCKET NUMBER: AR20020069402

         I certify that hereinafter is recorded the record of consideration of the Army Board for Correction of Military Records in the case of the above-named individual.

Mr. Carl W. S. Chun Director
Mr. Edmund P. Mercanti Analyst


The following members, a quorum, were present:

Ms. Irene N. Wheelwright Chairperson
Mr. Arthur A. Omartian Member
Mr. Thomas Lanyi Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)


APPLICANT REQUESTS: That he be awarded the Armed Forces Expeditionary Medal (AFEM) and the Combat Infantryman Badge (CIB) for his service in El Salvador.

APPLICANT STATES: The AFEM and the CIB were authorized by the National Defense Authorization Act of 1996 for service in El Salvador. He believes that his service in Honduras from 1981 to 1982 qualifies for the AFEM and the CIB, since his unit was the first to suffer a US casualty during that conflict.

In support of his application he submits letters, orders, and an officer evaluation report which show that the applicant commanded a mobile training team in Honduras from 19 December 1981 to 7 April 1982. He was “Responsible for the planning and execution of a six-week counter-insurgency training program to four (4) Honduran infantry battalions.”

EVIDENCE OF RECORD: The applicant's military records show:

He was commissioned and entered on active duty on 11 July 1976, was awarded the areas of concentration of infantry officer and foreign area officer, and was promoted to captain. He was honorably released from active duty on 1 November 1984 for miscellaneous individual reasons by request.

Army Regulation 600-8-22, Military Awards, designates the US military operations, areas, and dates for which the AFEM may be awarded. The regulation does not authorize the AFEM for personnel serving in Honduras.

US Total Army Personnel Command, Military Personnel (MILPER) Message, No. 98-095, 5 March 1998, Subject: Award of the Combat Infantryman Badge and Combat Medical Badge, El Salvador, provides in pertinent part that the CIB may be awarded for service in El Salvador for the period 1 January 1981 to 1 February 1992. Specific eligibility requirements are that the soldier must be an infantry or special forces officer (SSI 11 or 18) in the grade of colonel or below, or an Army enlisted soldier or warrant officer with an infantry or special forces military occupational specialty, who subsequent to 6 December 1941, has satisfactorily performed duty while assigned or attached as a member of an infantry, ranger or special forces unit of brigade, regimental or smaller size during any period such unit was engaged in active ground combat.

Special provision for El Salvador from 1 January 1981 to 1 February 1992, include the requirement that a soldier must have been a member of USMILGP-El Salvador assigned as an advisor to a military region or zone of the armed forces of El Salvador (ESAF), or while serving with an infantry unit, or specialized infantry-type or irregular-type combat unit of brigade or smaller size of ESAF, or assigned as a member of a mobile training team that was attached to or working with an infantry unit, or a specialized infantry-type or irregular-type combat unit of brigade size or smaller of ESAF, and be personally present and under hostile fire while assigned as specified above.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record and applicable law and regulations, it is concluded:

1. There is no evidence in the record nor has the applicant provided any evidence to show that he served in El Salvador. His records show that he served in Honduras.

2. Further, neither the CIB nor the AFEM were authorized for service in Honduras, and despite the applicant's contention, the evidence of record does not show that he performed duty in a combat situation in El Salvador that would qualify him for the CIB (either in a permanent or temporary duty status).

3. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__inw___ ___aao___ ___tl_____ DENY APPLICATION



                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records




INDEX

CASE ID AR2002069402
SUFFIX
RECON YYYYMMDD
DATE BOARDED 20020827
TYPE OF DISCHARGE (HD, GD, UOTHC, UD, BCD, DD, UNCHAR)
DATE OF DISCHARGE YYYYMMDD
DISCHARGE AUTHORITY AR . . . . .
DISCHARGE REASON
BOARD DECISION DENY
REVIEW AUTHORITY
ISSUES 1. 107.00
2.
3.
4.
5.
6.


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