RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  29 November 2007
	DOCKET NUMBER:  AR20070009580 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Joyce A. Wright

Analyst

The following members, a quorum, were present:


Mr. John T. Meixell

Chairperson

Ms. Jeanette McCants

Member

Mr. Scott W. Faught

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 DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 31 July 1994, be corrected to show that he was awarded the second award of the Army Forces Expeditionary Medal (correctly known as the Armed Forces Expeditionary Medal, with bronze service star).

2.  The applicant states, in effect, that his DD Form 214 should be corrected to show the second award of the Armed Forces Expeditionary Medal for service in El Salvador for Operation Condor Kerry.  He served from February to August 1987 and from September to December 1987.  He was one of several officers from the 470th Military Intelligence (MI) Brigade which was based in Panama who participated in the operation.  He adds, that at the time of his retirement, service in El Salvador was not authorized the Armed Forces Expeditionary Medal.  Because the operation was sensitive in nature, the only reference to it is in his military records in his OERs (Officer Efficiency Reports).  

3.  The applicant provides a copy of his DD Form 214, dated 31 July 1994, in support of his request.

CONSIDERATION OF EVIDENCE:

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 Army Board for Correction of Military Records (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.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant’s military records show that he was appointed in the United States Army Reserve as a warrant officer one (WO1/W-1) with an effective date of 22 January 1980, with prior enlisted service.  He was promoted to chief warrant officer three (CW3/W-3) effective 22 January 1983.

3.  The applicant served until he was separated for the purpose of retirement on 31 July 1994.  He was placed on the Retired List effective 1 August 1995, in the rank and pay grade of CW3/W-3.  

4.  The applicant's DD Form 214, dated 31 July 1994, shows he was awarded the Army Achievement Medal, 1st Oak Leaf Cluster (OLC); the Armed Forces Expeditionary Medal; the Army Commendation Medal, 1st OLC; the Army Service Ribbon; the Good Conduct Medal, 2nd award; the Legion of Merit; the Meritorious Service Medal; the NCO Professional Development Ribbon, with numeral 1; the National Defense Service Medal, 2nd award; the Overseas Service Ribbon, with numeral 2; the Air Assault Badge; the Army Aviator Badge; the Pathfinder Badge; the Ranger Tab; and the Senior Parachutist Badge.  His DD Form 214 does not show any additional awards.

5.  A review of the applicant's ORB (Officer Record Brief) shows that he served in Panama for 52 months.  The applicant indicated by email that he was awarded the first award of the Armed Forces Expeditionary Medal for his participation in Operation Just Cause, in Panama, from 20 December 1989 to 31 January 1990.

6.  The applicant's records contain a copy of his OER for the period 870131 to 880130 (31 January 1987 to 30 January 1988).  The OER shows that he was assigned to the C & E (Communications and Electronics [for surveillance]) Company, 470th MI Brigade, APO, Miami.  The OER indicates that based on the applicant's high state of professionalism, subject matter expertise, and innate ability to comprehend and build rapport with the Latin American populace and foreign military counterparts, he was personally selected by the Command Group of the 470th MI Group to participate in Project Condor Kerry, a highly sensitive intelligence mission of great National Level interest in Central America.  

7.  Total Army Personnel Command message 191510Z March 1996 authorized award of the Armed Forces Expeditionary Medal for service in El Salvador.  The period authorized for award of the Armed Forces Expeditionary Medal 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.

8.  The bronze service star is awarded to denote the second and succeeding awards of certain decorations, among which is the Armed Forces Expeditionary Medal. 

DISCUSSION AND CONCLUSIONS:

The evidence of record shows that the applicant served a period of qualifying service for the second award of the Armed Forces Expeditionary Medal; therefore, he is entitled to correction of his records to show this award.

BOARD VOTE:

___J____  ___JM___  ___SWF   GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the Armed Forces Expeditionary Medal, with bronze service star, and adding this award to his DD Form 214.




_____John T. Meixell_____
          CHAIRPERSON




INDEX

CASE ID
AR20070009580
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20071129
TYPE OF DISCHARGE
HD
DATE OF DISCHARGE
19940731
DISCHARGE AUTHORITY
AR 635-100
DISCHARGE REASON

BOARD DECISION
GRANT
REVIEW AUTHORITY

ISSUES         1.
107
2.

3.

4.

5.

6.