BOARD DATE: 17 January 2012
DOCKET NUMBER: AR20110012687
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 award of the Armed Forces Expeditionary Medal and Air Medal.
2. The applicant states he believes he qualified for both of these awards. He flew many dangerous missions in El Salvador and frequently received enemy fire.
3. The applicant provides copies of a 1987 letter from his commanding officer, an officer evaluation report (OER), the citation for his Joint Service Commendation Medal, a request and authorization for temporary duty travel, and his DD Form 214 (Certificate of Release or Discharge from Active Duty).
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, a Regular Army aviation commissioned officer, served on active duty from May 1983 through September 1988 when he was discharged due to his unqualified resignation.
3. His DD Form 214 lists his awards as the Army Service Ribbon, Army Aviator Badge, Joint Service Commendation Medal, and Army Commendation Medal.
4. The submissions from the applicant, including the letter from his commanding officer, his OER, and the citation for the Joint Service Commendation Medal, all give the applicant credit for being an outstanding leader of the helicopter detachment in El Salvador. They cite his accomplishments in providing transportation to high-ranking military and civilian individuals, supply missions, the insertion and emergency evacuation of field training teams, and performing all these tasks in a high-threat insurgent environment.
5. Army Regulation 600-8-22 (Military Awards) states:
a. The Air Medal is awarded in time of war for heroism and for meritorious achievement or service while participating in aerial flight. As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.
b. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas during designated time periods. Table 2-2 lists the designated U.S. military operations for which it is authorized. El Salvador is not included.
DISCUSSION AND CONCLUSIONS:
1. The applicant can be justifiably proud of his service in El Salvador. Nevertheless, neither the Air Medal nor the Armed Forces Expeditionary Medal was authorized.
2. Furthermore, he would have had to be specifically recommended for and approved for award of the Air Medal and there is no available evidence of either.
3. There is no basis for granting the applicant's requested relief.
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) AR20110012687
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ABCMR Record of Proceedings (cont) AR20110012687
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