RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        22 May 2007
      DOCKET NUMBER:  AR20060013959


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Mr. Joseph A. Adriance            |     |Analyst              |

      The following members, a quorum, were present:

|     |Mr. Hubert O. Fry                 |     |Chairperson          |
|     |Mr. Thomas E. O;Shaughnessy       |     |Member               |
|     |Mr. James R. Hastie               |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests, in effect, that his separation document (DD
form 214) be corrected to reflect his service in El Salvador and that he be
awarded all awards and decorations due based on this service.

2.  The applicant states, in effect, that Congress changed the status of
the conflict and status in El Salvador to a war zone, and his record and
separation document should be corrected accordingly.  He claims his service
in El Salvador should entitle him to Combat Infantryman Badge (CIB), Combat
Patch, and he should receive any service ribbons authorized for El
Salvador.

3.  The applicant provides the following documents in support of his
application:  31 October 1995 DD Form 214; Enlisted Evaluation Report (EER)
Ending March 1980; Leave and Earnings Statement (LES) April 1988; Request
and Authorization for TDY Travel (DD Form 1610), dated 28 December 1987;
and
El Salvador Identification Card.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error or injustice
that occurred on 31 October 1995, the date of his release from active duty
(REFRAD) for retirement.  The application submitted in this case is dated 2
September 2006.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitations if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant's record shows that he entered active duty in the Regular
Army on 29 June 1974, and was initially trained in and awarded military
occupational specialty (MOS) 11B (Infantryman).  He was later trained in
and awarded MOS 32D (Station Technical Control).  In 1983, he completed the
Special Forces (SF) Qualification Course and was awarded and served in MOSs
18B (SF Weapons Sergeant), 18F (SF Assistant Operations and Intelligence
Sergeant), and
18Z (SF Senior Sergeant).

4.  Item 5 (Foreign Service) of the applicant's Personnel Qualification
Record
(DA Form 2-1) shows he completed overseas tours in Italy (18 December 1974-
18 June 1978), Germany (1 February 1979-10 December 1989), and Panama
(9 July 1987-10 December 1989).  Item 35 (Record of Assignments) shows that
during the period he was assigned to Panama, the applicant was assigned to
Company B, 3rd Battalion, 7th SF Group from 15 July 1987 through 31 May
1988, and that during that period he was assigned for duty to the United
States Military Group, El Salvador, from 1 December 1987 through 31 May
1988, performing duties in MOS 18F as a Regional Intelligence Center
Advisor.

5.  The applicant's record shows that he earned the following awards during
his active duty tenure:  Meritorious Service Medal (3rd Award); Army
Commendation Medal; Army Achievement Medal (4th Award); Army Superior Unit
Award; Army Good Conduct Medal (7th Award); National Defense Service Medal
(2nd Award); Noncommissioned Officer Professional Development Ribbon with
Numeral 4; Army Service Ribbon; Overseas Service Ribbon (3rd Award); Expert
Infantryman Badge; Master Parachutist Badge; Special Forces Tab; and
British Army Parachutist Wings.

6.  On 31 October 1995, the applicant was honorably REFRAD for the purpose
of retirement.  The DD Form 214 he was issued at the time shows he
completed a total of 21 years, 4 months, and 2 days of active military
service.  Item 12f (Foreign Service) contains the entry "0000  00  00", and
no overseas deployments are documented in Item 18 (Remarks).

7.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and
criteria concerning individual military awards.  Paragraph 8-6 contains
guidance on award of the CIB.  It states, in pertinent part, that a Soldier
must be an Army infantry or SF officer (SSI 11 or 18) in the grade of
colonel or below, or an Army enlisted Soldier or warrant officer with an
infantry or SF MOS, who subsequent to 6 December 1941 has satisfactorily
performed duty while assigned or attached as a member of an infantry,
ranger or SF unit of brigade, regimental, or smaller size during any period
such unit was engaged in active ground combat.

8.  The awards regulation contains a list of qualifying wars, conflicts,
and operations that authorize the CIB.  Included in this list is El
Salvador, for the period 1 January 1981 to 1 February 1992.  However, the
regulation stipulates that eligibility for SF personnel in MOSs 18B, 18E,
18F, and 18Z accrues from 20 December 1989.  Retroactive awards of the CIB
to Special Forces personnel are not authorized prior to 20 December 1989.

9.  Army Regulation 670-1 (Wear and Appearance of Army Uniforms and
Insignia) prescribes the authorization for wear, composition, and
classification of uniforms, and the occasions for wearing all personal
(clothing bag issue), optional, and commonly worn organizational Army
uniforms.  Paragraph 28-17 contains guidance on the wear of the Shoulder
Sleeve Insignia-Former Wartime Service (SSI-FWTS), which is commonly
referred to as the combat patch.  It states, in pertinent part, that it is
authorized for wear to members of units that actively participated in, or
supported ground combat operations against hostile forces in which they
were exposed to the threat of enemy action or fire, either directly or
indirectly.  The regulation indicates that it is authorized for wear for El
Salvador: from 1 January 1981 to 1 February 1992, both dates inclusive, for
those personnel who participated in El Salvador operations.

10.  Army Regulation 635-5 (Separation Documents) prescribes the separation
documents that must be prepared for Soldiers on retirement, discharge,
release from active duty service, or control of the Active Army.  It also
establishes standardized policy for preparing and distributing the DD Form
214.

11.  Chapter 2 of the separation documents regulation contains instructions
for completion of the DD Form 214.  The instructions for Item 12f state
that the total amount of foreign service completed during the period
covered by the DD Form 214 will be entered.  The instructions for Item 13
(Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or
Authorized) state to enter all awards and decorations for all periods of
service in the priority sequence specified in the awards regulation.  The
instructions for Item 18 provide for entering specific entries for foreign
service only when the member is deployed with his unit.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record confirms that during the period covered by the
applicant final DD Form 214, he completed a total of 4 years, 9 months, and

9 days of overseas service.  Therefore, it would be appropriate to correct
Item 12f accordingly.  The applicant is also advised that his service in El
Salvador is accurately documented in Item 35 of his DA Form 2-1.

2.  By regulation, there are three basic requirements for the CIB.  The
individual must have held and served in an infantry or SF MOS, he must have
been assigned to an infantry, ranger or SF unit of brigade, regimental or
smaller size, and he must have been present and participated with the
qualifying unit while it was engaged in active ground combat with hostile
forces.  In addition, the regulation stipulates that eligibility for the
CIB for SF personnel in MOSs 18B, 18E, 18F, and 18Z accrues from 20
December 1989, and retroactive award of the CIB to SF personnel is not
authorized prior to 20 December 1989.

3.  Although the CIB was authorized for El Salvador for the period 1
January 1981 to 1 February 1992, for those personnel who participated in El
Salvador operations, the evidence of record does not indicate the applicant
served with a qualifying infantry unit and was present with and
participated in active ground combat with his qualifying infantry unit
while serving in El Salvador.  Further, the applicant completed his service
in El Salvador prior to the 20 December 1989, the date SF eligibility for
the award began accruing.  Therefore, the regulatory burden of proof
necessary to support award of the CIB has not been satisfied in this case.

4.  Although it is authorized for wear with the uniform for those members
who participated in El Salvador operations from 1 January 1981 to 1
February 1992, the SSI-FWTS, or combat patch as it is commonly referred to,
is an item of wear with the uniform and is not an authorized individual
award.  Therefore, it would not be included in the list of awards entered
in Item 13 of the DD Form 214.  The applicant is advised to refer to Army
Regulation 670-1 to find out when it is appropriate for him as a retiree to
wear the Army uniform.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

___HOF    __TEO   _  __JRH __  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to
warrant a recommendation for partial relief and to excuse failure to timely
file.  As a result, the Board recommends that all Department of the Army
records of the individual concerned be corrected by amending Item 12f of
his 31 October 1995 DD Form 214 by deleting the current entry and replacing
it with the entry "0004  09  09"; and by providing him a correction to his
separation document that includes this change.

2.  The Board further determined that the evidence presented is
insufficient to warrant a portion of the requested relief.  As a result,
the Board recommends denial of so much of the application that pertains to
award of the Combat Infantryman Badge and/or additional awards for his
service in El Salvador.




                            _____Hubert O. Fry______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013959                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |2007/05/22                              |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |1995/10/31                              |
|DISCHARGE AUTHORITY     |AR 635-200 C12                          |
|DISCHARGE REASON        |Retirement                              |
|BOARD DECISION          |GRANT PARTIAL                           |
|REVIEW AUTHORITY        |Mr. Schwartz                            |
|ISSUES         1.  1021 |100.0000                                |
|2.  46                  |107.0000                                |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


-----------------------
[pic]