BOARD DATE: 6 September 2011
DOCKET NUMBER: AR20110002525
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 DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and Combat Infantryman Badge (CIB).
2. He states he deployed to Panama in 1982 while serving with the weapons platoon, Company B, 2nd Battalion, 75th Infantry Ranger Regiment, for their yearly jungle warfare training. He adds they relocated to Costa Rica where, as the number two gunner, he was invited to go to El Salvador to train El Salvadorans. He maintains that his service in El Salvador qualifies him for the award of the AFEM and CIB.
3. He provides a self-authored statement and his DD Form 214.
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 19 August 1980. After completion of basic combat and advanced individual training, he was awarded military occupational specialty 11C (Indirect Fire Infantryman). He was honorably released from active duty on 18 August 1983 and credited with 3 years of active duty service.
3. Item 12f (Foreign Service) of his DD Form 214 is listed as "00 00 00."
4. His military service records do not contain any orders awarding him the CIB.
5. There is no entry in item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II). Additionally, there is no documentation in his available records that shows he was deployed to El Salvador.
6. Army Regulation 600-8-22 (Military Awards) states the AFEM is awarded 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. Qualifying service for this award includes service in El Salvador from 1 January 1981 through 1 February 1992.
7. Army Regulation 600-8-22 states there are basically three requirements for award of the CIB. The Soldier must be an infantryman satisfactorily performing infantry duties; he must be assigned to an infantry unit of brigade, regimental, or smaller size during such time as the unit is engaged in active ground combat; and he must actively participate in such ground combat. The regulation further states the CIB is authorized for El Salvador from 1 January 1981 to 1 February 1992.
DISCUSSION AND CONCLUSIONS:
1. The applicant maintains that he was deployed to El Salvador to train El Salvadorans and, as such, he qualifies for award of the AFEM and CIB.
2. There is no evidence in the available records and he has not provided any evidence that shows he served in El Salvador during the qualifying period for award of the AFEM and CIB. In the absence of evidence to substantiate his service in El Salvador, there is an insufficient basis to grant his 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 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) AR20110002525
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