BOARD DATE:	  25 August 2011

		DOCKET NUMBER:  AR20100030073 


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 correction of his separation document to show award of the Army Achievement Medal and campaign participation for El Salvador.

2.  The applicant states he was assigned to the Military Intelligence Battalion (Low Intensity), 513th Military Intelligence Group.  He states:

   a.  he was awarded the Army Achievement Medal for meritorious service, and

   b.  he deployed to El Salvador on a classified U.S. Army Intelligence and Security Command (INSCOM) Special Project.

3.  The applicant provides copies of three documents relating to his Army Achievement Medal and two travel vouchers.

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 enlisted in the Regular Army on 8 November 1983 for a period of 3 years.  He was awarded military occupational specialty 76P (Materiel Control and Accounting Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

   a.  item 5 (Oversea Service) he served in Germany from 22 May 1984 through 11 November 1985;

   b.  item 9 (Awards, Decorations and Campaigns) the Expert Marksmanship Qualification Badge with Rifle Bar (M-16), 1st Class Gunner [Sharpshooter] Marksmanship Qualification Badge with Grenade Bar, Army Service Ribbon, and Overseas Service Ribbon;

	c.  item 27 (Remarks) is blank (i.e., does not show that he performed duty in an Imminent Danger Pay area); and

	d.  item 35 (Record of Assignments) that he was assigned to Headquarters and Headquarters Company, Military Intelligence Battalion (Low Intensity), Lakehurst Naval Air and Engineer Center, New Jersey, from 2 April through
6 November 1986.

4.  The applicant's DD Form 214 (Certificate of Release or Discharge from Active Duty) shows he entered active duty this period on 8 November 1983, was honorably released from active duty on 7 November 1986, and transferred to the U.S. Army Reserve Control Group (Reinforcement).

   a.  He completed 3 years of total active service, including 1 year, 5 months, and 20 days of foreign service.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Service Ribbon, Overseas Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar (M-16), and
1st Class Gunner Marksmanship Qualification Badge with Grenade Bar.

5.  The applicant's military personnel records do not show that he served overseas in El Salvador.


6.  In support of his application, the applicant provides the following documents:

   a.  Headquarters, U.S. Army Communications-Electronics Command, Fort Monmouth, New Jersey, Permanent Orders 103-01, dated 17 November 1986, and DA Form 4980-18 (Army Achievement Medal Certificate) that show the applicant was awarded the Army Achievement Medal for meritorious service from 25 November 1985 to 14 October 1986.

   b.  A DA Form 200 (Transmittal Record) that shows the award certificate for the Army Achievement Medal was forwarded to the Commander, Military Intelligence Battalion (Low Intensity) on 20 March 1987.

   c.  A DD Form 1351-2 (Travel Voucher or Subvoucher), dated 21 July 1986, that shows the applicant arrived in Honduras on 11 July 1986 and departed on 14 July 1986.

   d.  A DD Form 1351-2, dated 12 August 1986, that shows the applicant arrived in Honduras on 31 July 1986 and departed on 5 August 1986.

7.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.

8.  There are no orders in the applicant's military personnel records that show he was awarded the first award of the Army Good Conduct Medal.  His records also do not show any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).

9.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

   a.  The Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.

   b.  Table B-1 (Campaigns, Service Requirements, and Inscriptions Prescribed for Streamers) does not list any El Salvador campaigns.


	c.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  It is awarded only for operations for which no other
U.S. campaign medal is approved.

		(1)  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member 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 60 nonconsecutive days provided this support involved entering the area of operations.

		(2)  Table 2-3 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations in Direct Support of the United Nations) shows the Armed Forces Expeditionary Medal was authorized for service in El Salvador from 1 January 1981 to 1 February 1992.  [It is not authorized for service in Honduras.]

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, states list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show the Army Achievement Medal and campaign participation for El Salvador.

2.  The evidence of record shows the applicant deployed overseas and that he was in Honduras on two occasions in 1986 (i.e., for four days from 11 to 14 July 1986 and again for six days from 31 July to 5 August 1986) for a total of 10 days.

   a.  There is no evidence the applicant served in El Salvador during the period of service under review.

   b.  The sincerity of applicant's comments regarding his service on a classified mission in El Salvador is not in question.  However, even if such service were represented by the two travel vouchers the applicant provides in support of his request, the total number of nonconsecutive days he spent overseas would not qualify him for award of the Armed Forces Expeditionary Medal.

   c.  In addition, there is insufficient evidence to support the applicant's request for correction of his DD Form 214 to show campaign participation in El Salvador.

3.  Permanent orders awarded the applicant the Army Achievement Medal. Therefore, it would be appropriate to correct his DD Form 214 to show the award.

4.  The applicant served a qualifying period of active Federal enlisted service for award of the Army Good Conduct Medal (1st Award) from 8 November 1983 through 7 November 1986.

   a.  There is no evidence of any disciplinary actions, adverse information, or a commander's disqualification for the Army Good Conduct Medal (1st Award).
   
   b.  Despite the absence of the unit commander's recommendation for award of the Army Good Conduct Medal (1st Award), based on the available evidence, it would be appropriate to award the applicant this medal and correct his
DD Form 214 to show the 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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
8 November 1983 through 7 November 1986; and

	b.  adding the Army Achievement Medal and Army Good Conduct Medal (1st Award) to item 13 of his DD Form 214.


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 campaign participation.  




      _______ _ 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)                                         AR20100030073



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ABCMR Record of Proceedings (cont)                                         AR20100030073



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