IN THE CASE OF:
BOARD DATE: 12 August 2008
DOCKET NUMBER: AR20080007840
THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:
1. Application for correction of military records (with supporting documents provided, if any).
2. Military Personnel Records and advisory opinions (if any).
THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:
1. The applicant requests that he be awarded a campaign medal for participation in Operation Royal Duke in El Salvador, Honduras.
2. The applicant states that he was separated at the expiration of his term of service when he returned from El Salvador.
3. The applicant does not provide any additional documents 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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicants military records show that he enlisted in the Regular Army on 25 September 1979, was awarded the military occupational specialty of aircraft power plant repairer, and was promoted to pay grade E-4.
3. He was honorably released from active duty on 29 September 1982 for completion of required service. The DD Form 214 he was issued, item 12f, Foreign Service, has the entry 00 00 00 (no years, no months, and no days) entered.
4. The applicants DA Form 2-1, Personnel Qualification Record, Item 5, Oversea Service, does not have any entries.
5. Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the Armed Forces Expeditionary Medal for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Service members must be bona fide members of a unit participating in or be engaged in the direct support of the operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 nonconsecutive days provided this support involved entering the area of operations or meet one or more of the following criteria:
a. be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area;
b. is wounded or injured and requires medical evacuation from the area of eligibility while participating in the operation, regardless of time; and
c. accumulate 15 days service (consecutive/nonconsecutive) while participating as a regularly assigned crewmember of an aircraft flying sorties into, out of, within, or over the area in direct support of the military operation. One day's service is credited for the first sortie flown on any day. Additional sorties flown on the same day receive no further credit.
6. Table 2-4 of Army Regulation 600-8-22 lists designated U.S. military operations of assistance to a friendly foreign nation and the dates of eligibility for award of the Armed Forces Expeditionary Medal. El Salvador is among the designated military operations and the dates of eligibility are from 1 January 1981 to 1 February 1992.
DISCUSSION AND CONCLUSIONS:
1. While the applicant states he served in Operation Royal Duke in El Salvador, there is no documentation to substantiate that contention.
2. Without corroborating evidence, there is insufficient basis for granting the applicants request.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
___X_____ ___X_____ ___X_____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ X_______ ___
CHAIRPERSON
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.
ABCMR Record of Proceedings (cont) AR20080007840
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ABCMR Record of Proceedings (cont) AR20080007840
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