IN THE CASE OF:	  

		BOARD DATE:	 20 October 2009 

		DOCKET NUMBER:  AR20090008909 


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, in two applications, requests that he be awarded the Armed Forces Expeditionary Medal, the Humanitarian Service Medal, and the Joint Meritorious Unit Award.

2.  The applicant essentially states that a fellow Soldier who served with him in El Salvador made him aware of the Armed Forces Expeditionary Medal and the Joint Meritorious Unit Award that he is entitled to for his service with the United States Military Group El Salvador and that the fellow Soldier was awarded these two awards [archives only indicate the fellow Soldier was awarded the Armed Forces Expeditionary Medal for his service in El Salvador].  He also contends that he is eligible for the Humanitarian Service Medal for his service during the El Salvador Earthquake Relief and that he was even injured during the quake, but continued on with his duties without medical attention and took his first flight about an hour after the quake hit.

3.  The applicant provides his DD Form 214 (Certificate of Release or Discharge from Active Duty) for the period 30 November 1983 to 28 November 1986; National Guard Bureau Form 22 (Report of Separation and Record of Service) for the period 19 December 1986 to 16 October 1990; DD Form 214 for the period 22 February 1991 to 10 March 1991 with an accompanying DD Form 215 (Correction to DD Form 214); self-authored letters, dated 11 and 13 May 2009; orders, dated 27 October 1986; a certificate and a citation which awarded him the Joint Service Achievement Medal; a photocopy of his pass for the U.S. Embassy in San Salvador, El Salvador; pages 118, 167, and 170 of Department of Defense (DOD) Manual 1348.33-M (Manual of Military Decorations and Awards); a page from the House of Representatives Congressional Record, dated 14 June 1995, regarding the Armed Forces Expeditionary Medal to El Salvador veterans; and an extract of an eligibility sheet from the Veterans of Foreign Wars in support of this application.

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, although somewhat incomplete, show that he enlisted in the Regular Army on 30 November 1983.  He completed initial entry training and was awarded military occupational specialty 67N (Utility Helicopter Repairer).  He served in Germany from 6 June 1984 to 28 November 1985 and then was reassigned to the 134th Aviation Company at Fort Riley, Kansas.  He deployed to El Salvador with an element of this unit from 21 June 1986 to 21 October 1986 and served with the U.S. Military Group El Salvador.  On 28 November 1986, he was honorably released from active duty and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  He then served in the Michigan Army National Guard from 19 December 1986 to 16 October 1990, then was transferred to the USAR Control Group (Individual Ready Reserve).  Although he appears to have reentered active duty in the Regular Army on 22 February 1991, he was honorably released from active duty 19 days later on 10 March 1991 for unknown reasons.  His military records show that he was awarded the Army Service Ribbon, the Overseas Service Ribbon, the Army Achievement Medal, the Marksman Marksmanship Qualification Badge with Rifle Bar, the Expert Marksmanship Qualification Badge with Machine Gun Bar, the Aircraft Crewman Badge, the Joint Service Achievement Medal, the National Defense Service Medal, the Good Conduct Medal, and the Expert Marksmanship Qualification Badge with Grenade Bar.

3.  The applicant's military records do not show that he was awarded the Armed Forces Expeditionary Medal, but he served in El Salvador from 21 June 1986 to 21 October 1986.  He also participated as a regularly-assigned crew member of an aircraft flying into, out of, or over the area in support of the military operation as evidenced by his Joint Service Achievement Medal citation.

4.  The applicant's military records also do not show that he was awarded the Humanitarian Service Medal.  The applicant served in El Salvador from 21 June 1986 to 21 October 1986, but there is no evidence that he directly participated in the El Salvador Earthquake Disaster Relief Operation from 10 to 20 October 1986.  A review of his military records failed to provide evidence, such as a letter of commendation or appreciation, unit files, or any other records or documentation which could verify that he directly participated in the El Salvador Earthquake Disaster Relief Operation.  The applicant also did not provide evidence such as statements from commanders, supervisors, or other officials who were in a position to substantiate that he directly participated in the El Salvador Earthquake Disaster Relief Operation.

5.  The applicant served in El Salvador from 21 June 1986 to 21 October 1986 with duty at the U.S. Military Group El Salvador.  Appendix 3 (DOD Activities Awarded the Joint Meritorious Unit Award) of DOD Manual 1348.33-M shows that the U.S. Military Group El Salvador was awarded the Joint Meritorious Unit Award for the period 1 October 1986 to 2 June 1989.

6.  Total Army Personnel Command message, dated 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 a bona fide member 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.

7.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of this regulation shows that the El Salvador Earthquake Disaster Relief Operation from 10 to 


20 October 1986 was approved by DOD as qualifying for award of the Humanitarian Service Medal.  Specifically excluded from eligibility are Service members or elements remaining at geographically separate locations or who were assigned to the location but did not make a direct contribution to nor influenced the action.  Evidence must be provided which substantiates direct participation in a DOD or Department of the Army approved humanitarian act or operation.  Acceptable evidence includes certificates, letters of commendation or appreciation, officer or enlisted evaluation reports, copies of temporary or special duty orders reflecting participation within the specified time frame and geographical location cited, after-action reports, situation reports, rosters, unit files, or any other records or documentation which verifies the service member's participation, and statements from commanders, supervisors, or other officials who were in a position to substantiate the service member's direct participation in the area of operation.

8.  DOD Manual 1348.33-M provides, in pertinent part, that the Joint Meritorious Unit Award is awarded in the name of the Secretary of Defense and is intended to recognize joint units and activities for meritorious achievement or service, superior to that which is normally expected.  All joint units and activities are eligible for award of the Joint Meritorious Unit Award in recognition of exceptionally meritorious conduct in the performance of outstanding service.  However, a unit’s or activity’s outstanding accomplishment of its normally assigned and expected mission is not in and of itself sufficient justification for award approval.  Instead, qualifying achievements must be superior to that which is expected under one of the following conditions and should be operational in nature:  (1) during action in combat with an armed enemy of the United States, (2) in a declared national emergency situation, or (3) under extraordinary circumstances that involve national interests.  The Joint Meritorious Unit Award shall not be awarded to any DOD activity that has received any other unit award for the same achievement or period of service.  Only those members of the Armed Forces of the United States who were present at the time and directly participated in the service or achievement for 30 days or more, or for the period cited if less than 30 days shall be authorized to wear the Joint Meritorious Unit Award ribbon.  Local commanders may waive the 30-day minimum time requirement on an individual basis for individuals (e.g., Reserve personnel on active duty and temporary duty and/or temporary assigned duty personnel) who, in the opinion of the commander, contributed directly to the achievement cited and were assigned on official orders to the awarded unit during the approved time frames.

9.  Paragraph 5-1 of Army Regulation 600-8-22 states that orders are not published for service medals, but they are annotated on records by the personnel officer.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he should be awarded the Armed Forces Expeditionary Medal, the Humanitarian Service Medal, and the Joint Meritorious Unit Award.

2.  The applicant served in El Salvador for more than 30 consecutive days during a qualifying period for award of the Armed Forces Expeditionary Medal and also participated as a regularly-assigned crew member of an aircraft flying into, out of, or over the area in support of the military operation.  However, this award is not listed in his military records.  Therefore, he is entitled to correction of his military records to show the award of the Armed Forces Expeditionary Medal.

3.  Although the applicant served in El Salvador during the entire period of the El Salvador Earthquake Disaster Relief Operation from 10 to 20 October 1986, there is no evidence in the applicant's military records which shows that he directly participated in that relief operation and the applicant failed to provide any evidence that he directly participated in this relief operation.  Regrettably, as a result there is insufficient basis upon which to correct his military records to show the award of the Humanitarian Service Medal.

4.  Although the applicant served in El Salvador with duty with the U.S. Military Group El Salvador from 21 June 1986 to 21 October 1986, he only served for 21 days during the inclusive dates of the U.S. Military Group El Salvador's Joint Meritorious Unit Award.  As only those members of the Armed Forces of the United States who were present at the time and directly participated in the service or achievement for 30 days or more as required for award of the Joint Meritorious Unit Award, there is insufficient basis for correcting the applicant's military records to show this unit award.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____x____  ____x____  ____x____  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.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by showing the award of the Armed Forces Expeditionary Medal.

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 showing the award of the Humanitarian Service Medal or the Joint Meritorious Unit Award.

3.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ___________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)                                         AR20090008909



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ABCMR Record of Proceedings (cont)                                         AR20090008909



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