IN THE CASE OF:
BOARD DATE: 14 June 2012
DOCKET NUMBER: AR20110025241
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 his record be corrected to show award of the Humanitarian Service Medal (HSM), Armed Forces Expeditionary Medal (AFEM), Combat Action Badge (CAB), and Combat Stripe (correctly known as the Overseas Service Bar (OSB)).
2. The applicant states he was deployed to El Salvador for 208 days and his deployment and the awards he is eligible for as a result of this service was never documented in his record.
3. The applicant provides a DD Form 215 (Correction to DD Form 214), attachment orders, and internet documents related to his El Salvador deployment in support of his request.
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 available record shows the applicant enlisted in the Regular Army on
19 September 1990 and he was trained in and awarded military occupational specialty 92A (Automated Logistical Specialist).
3. The applicant's DA Form 2-1 (Personnel Qualification Record) shows he was assigned to Panama during the period between 14 March 1991 and 3 March 1994. The available evidence also confirms he was assigned to an imminent danger pay/hostile fire pay (IDP/HFP) area from 1 August 1993 through
28 February 1994.
4. On 1 January 1997, the applicant was honorably released from active duty (REFRAD), in the rank of sergeant/E-5, after completing 6 years, 3 months, and 13 days of active service. The DD Form 214 he was issued, as amended by a DD Form 215 issued on 2 October 2008, does not include the awards in question.
5. The applicant provides Headquarters, U.S. Army South Orders 189-19, dated 5 August 1993, which attached the applicant to the 536th Engineer Battalion on
1 August 1993 for the period 1 August through 5 December 1993. He also provides unit history documents for the 536th Engineer Battalion which show the unit deployed from Panama to El Salvador for training with El Salvadorian forces during the period August through December 1993.
6. Army Regulation 600-8-22 (Military Awards) prescribes the Army's awards policy.
a. Paragraph 2-12 contains guidance on the AFEM. It states the AFEM is authorized for U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations;
b. Table 2-4 identifies designated U.S. military operations of assistance to a friendly foreign nation that supports award of the AFEM. El Salvador is listed for the period 1 January 1981 through 1 February 1992. It is not listed for the period of the applicant's assignment/attachment;
c. Paragraph 2-22 contains guidance on the HSM. It states the HSM is authorized for members who distinguish themselves by meritorious direct participation in a Department of Defense or Department of the Army (DA) approved significant military act, or operation of a humanitarian nature;
d. Table C-1 identifies DOD and DA Approved HSM Operations. El Salvador is not listed during the period of the applicant's deployment; and
e. Paragraph 8-8 contains guidance on the CAB. It states, in pertinent part, that retroactive awards of the CAB for periods prior to 18 September 2001 are not authorized.
7. Army Regulation 670-1 (Wear and Appearance of Army Uniforms and Insignia) prescribes the awards, insignia, and accouterments authorized for wear on the uniform, and how these items are worn. Paragraph 28-28 contains guidance on OSB's. It states one OSB is authorized for wear on appropriate uniforms for each 6 months served in identified overseas areas. OSBs are authorized for El Salvador service between 1 January 1981 and
1 February 1992.
DISCUSSION AND CONCLUSIONS:
1. The applicant's request to correct his record to show award of the AFEM, HSM, CAB, and OSB has been carefully considered. However, there is insufficient evidence to support this claim.
2. The evidence of record confirms none of the awards in question were authorized for service in El Salvador during the applicant's period of assignment. As a result, there is an insufficient evidentiary basis to support granting the 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 that 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) AR20110025241
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