IN THE CASE OF:
BOARD DATE: 14 September 2010
DOCKET NUMBER: AR20100007074
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, in effect, correction of his record to show two awards of the Joint Meritorious Unit Award (JMUA) and Armed Forces Expeditionary Medal (AFEM). In a letter attached to his application, he requests that the Board disregard the portion of his request pertaining to the AFEM.
2. The applicant states, in effect, that he served in El Salvador during two periods for which the U.S. Military Group (USMILGP), El Salvador was awarded the JMUA.
3. The applicant provides:
* a self-authored statement
* a Letter of Commendation, dated 11 April 1985, with supporting documentation
* a Joint Service Achievement Medal (JSAM) citation
* an Army Commendation Medal Certificate with supporting documentation
* a magazine article reporting award of the JMUA to the USMILGP, El Salvador for the period January 1981 to June 1985
* a newspaper article and website posting regarding operations in El Salvador
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 applicant enlisted in the Regular Army on 10 November 1983. He was trained in and awarded military occupational specialty 67N (Utility Helicopter Repairer). He was honorably released from active duty on 9 November 1986 after completing 3 years of active military service.
3. A DA Form 2-1 (Personnel Qualification Record) shows in item 35 (Record of Assignments) the applicant was assigned to Headquarters and Headquarters Company, 1st Aviation Battalion, Fort Riley, KS on or about 17 May 1984, with subsequent assignment to Company C, 1st Aviation Battalion.
4. The applicant's Official Military Personnel File (OMPF) contains a Letter of Commendation, dated 11 April 1985, from the Commander, Company C,
1st Aviation Battalion (Combat). His commander stated he was forwarding complimentary correspondence recognizing his contributions to the mission in support of the U.S. Embassy in El Salvador. The correspondence his commander referenced was a letter, dated 19 March 1985, from the U.S. Ambassador to El Salvador commending members of the 1st Aviation Battalion for significant contributions to the implementation of the administration's policy in El Salvador during the period 3 November 1984 to 1 March 1985. A list of personnel attached to the letter includes the applicant's name.
5. The applicant's OMPF contains a citation for award of the JSAM. The citation shows the applicant served as a UH-1H Helicopter Crew Chief for the Helicopter Detachment, USMILGP, El Salvador, from 21 June 1986 to 21 October 1986.
6. A DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) one award of the Joint Meritorious Unit Award.
7. The applicant's record contains two DD Forms 215 (Correction to DD Form 214). A DD Form 215 dated 22 February 1988 added the JSAM to the applicant's DD Form 214. A DD Form 215 dated 16 March 1999 added the AFEM (El Salvador).
8. Department of the Army General Orders (DAGO) Number 11, dated 1986, confirmed award of the JMUA to the USMILGP, El Salvador for the period
1 January 1981 through 7 June 1985.
9. DAGO Number 10, dated 1990, confirmed award of the JMUA to the U.S. Military Group, El Salvador for the period 1 October 1986 through 2 June 1989.
10. Army Regulation 635-5 (Separation Documents) states a new DD Form 214 will be issued when two DD Forms 215 have been issued and an additional correction is required.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request for correction of his record to show two awards of the JMUA is supported by the evidence.
2. DAGOs confirmed awards of the JMUA to the USMILGP, El Salvador for the periods 1 January 1981 through 7 June 1985 and 1 October 1986 through 2 June 1989. The evidence of record shows the applicant served with the USMILGP, El Salvador during both periods. Therefore, he is entitled to correction of his record to show two awards of the JMUA.
3. The evidence of record shows two DD Forms 215 have been issued correcting his DD Form 214. A new DD Form 214 must be issued to make this correction.
BOARD VOTE:
___X____ ___X____ ___X_____ 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 issuing a new DD Form 214 and adding the Joint Meritorious Unit Award (2nd Award) and the awards added by previously issued DD Forms 215.
_________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.
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