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Decision Text

ARMY | BCMR | CY2003 | 2003087321C070212
Original file (2003087321C070212.rtf) Auto-classification: Approved
PROCEEDINGS


         IN THE CASE OF:
        

         BOARD DATE: 15 July 2003
         DOCKET NUMBER: AR2003087321


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

Mr. Carl W. S. Chun Director
Mrs. Nancy L. Amos Analyst


The following members, a quorum, were present:

Mr. Fred N. Eichorn Chairperson
Ms. Margaret V. Thompson Member
Mr. Eric N. Andersen Member

         The applicant and counsel if any, did not appear before the Board.

         The Board considered the following evidence:

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

FINDINGS :

1. The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.


2. The applicant requests that his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to add the Armed Forces Expeditionary Medal (AFEM) and any other awards for serving in El Salvador from around June to November 1984. He also requests award of the Army Good Conduct Medal.

3. The applicant makes no additional statement. He provides his DD Form 214 as supporting evidence.

4. The applicant’s military records show that he enlisted in the Regular Army on 27 October 1983. He completed basic training and advanced individual training and was awarded military occupational specialty 67N (Utility Helicopter Repairer). He was promoted to Specialist Four, E-4 on 1 July 1985.

5. Neither the applicant's DA Form 2A (Personnel Qualification Record Part I) nor his DA Form 2-1 (Personnel Qualification Record Part II) nor his Military Personnel Records Jacket shows that he served overseas.

6. Records at the Defense Finance and Accounting Service (DFAS) indicate the applicant drew foreign duty pay from 21 May through 17 June 1984. It cannot be determined where he was stationed when he drew this pay. DFAS verified that hostile fire pay was authorized for service in El Salvador in 1984 but there was no record that the applicant drew hostile fire pay during that time.

7. On 26 October 1986, the applicant was honorably released from active duty after completing 3 years of creditable active service with no lost time. His DD Form 214 shows he was awarded the Army Achievement Medal, the Army Service Ribbon, the Sharpshooter Qualification Badge with Rifle bar, and the Aircraft Crewman Badge.

8. There is no record of any disciplinary action ever being taken against the applicant. There is no evidence to show he was disqualified for award of the Army Good Conduct Medal.

9. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the AFEM is authorized for participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days.


10. U. S. Total Army Personnel Command message 191510Z March 1996 authorized award of the AFEM for service in El Salvador. The period authorized for award of the AFEM was from 1 January 1981 to 1 February 1992. Qualifying service in accordance with this message specified that a soldier must be bona fide members of a unit engaged in the operation or meet one or more of the following criteria: 1) Be engaged in direct support for 30 consecutive days in the area of operations; 2) Be engaged in actual combat, or duty which is equally hazardous as combat, during the operation with armed opposition regardless of time in the area; or 3) Participate as a regularly assigned crew member of an aircraft flying into, out of, or over the area in support of the military operation.

11. Army Regulation 600-8-22 provides that the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency and fidelity during a qualifying period of active duty enlisted service. This period is normally 3 years. Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

CONCLUSIONS
:

1. Only one service medal, the AFEM, is authorized for service in El Salvador.

2. There is no evidence of record to show the applicant served in El Salvador. Although DFAS records contain information to show he drew foreign duty pay during a portion of the time he contends he was in El Salvador, those records do not indicate where he was stationed when he drew that pay. DFAS confirmed that hostile fire pay was authorized for service in El Salvador during the period the applicant contends he was there; however, their records do not indicate that he drew hostile fire pay.

3. The Board concludes that there is insufficient evidence to show the applicant served in El Salvador during a period of service qualifying for award of the AFEM and it would therefore be inappropriate to add the AFEM to his DD Form 214.

4. The Board notes that the applicant's 3 years active duty qualified for consideration for award of the Army Good Conduct Medal. The Board notes that the available records do not indicate that he ever received any disciplinary actions or that he was disqualified for award of the Army Good Conduct Medal. Therefore, the Board concludes that he met the eligibility criteria for award of this medal.

5. In view of the foregoing, the applicant’s records should be corrected but only as recommended below.


RECOMMENDATION:

1. That the applicant be awarded the Army Good Conduct Medal for the period 27 October 1983 through 26 October 1986 and that his DD Form 214 be amended to add the Army Good Conduct Medal.

2. That so much of the application as pertains to award of the AFEM be denied.

BOARD VOTE:

__fne__ __mvt__ __ena__ GRANT AS STATED IN RECOMMENDATION

________ ________ ________ GRANT FORMAL HEARING

________ ________ ________ DENY APPLICATION




                  ___Fred N. Eichorn____
                  CHAIRPERSON




INDEX

CASE ID AR2003087321
SUFFIX
RECON
DATE BOARDED 20030715
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION GRANT
REVIEW AUTHORITY Mr. Schneider
ISSUES 1. 107.0072
2. 107.0056
3.
4.
5.
6.


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