IN THE CASE OF:	  

		BOARD DATE:  4 January 2013

		DOCKET NUMBER:  AR20120010186 


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:

* the Armed Forces Expeditionary Medal (AFEM), Joint Meritorious Unit Award (JMUA), and Meritorious Service Medal (MSM)
* an entry in item 18 (Remarks) documenting his service in Honduras and El Salvador

2.  He states he served his country honorably for more than 7 years and spent three tours of duty in Honduras.  During his last tour of duty with Joint Task Force Bravo, part of his aviation unit was assigned to support the government in El Salvador, which required him to enter the country of El Salvador several times during the period 21 October 1985 to 28 February 1986.  On certain occasions, it was necessary to remain longer than a day at "safe-houses" in San Salvador.  He states he should have received the AFEM for this service, and he states he has provided documents supporting the other awards in his request.

3.  He provides:

* DD Form 214
* orders
* two DD Forms 1610 (Request and Authorization for [Temporary Duty (TDY)] Travel of [Department of Defense (DOD)] Personnel
* rosters
* Memorandum, subject: Authorization to Receive and Transfer Registered Mail
* two DD Forms 1351-2 (Travel Voucher or Subvoucher)
* message, subject:  JMUA
* memorandum, subject:  Letter of Transmittal of the JMUA and Allied Documents
* memorandum, subject:  Announcement of Award of the JMUA
* memorandum, subject:  JMUA
* JMUA Citation
* MSM Certificate
* two Army Commendation Medal (ARCOM) Certificates 
* Army Achievement Medal (AAM) Certificate
* pages from Army Regulation 600-8-22 (Military Awards)
* excerpts from U.S. Code

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.  With prior service in the Army National Guard, on 10 July 1980, the applicant enlisted in the Regular Army.  His record shows he held three military occupational specialties during his Army service:  63H (Automotive Repairman), 68D (Aircraft Power Train Repairer), and 71L (Administrative Specialist).

3.  His record includes a DA Form 2166-6 (Enlisted Evaluation Report) for the period September 1985 through March 1986.  The form shows he was attached to Company D, 502nd Aviation Battalion, 2nd Armored Division, Fort Hood, TX, during the rated period.  The form also shows, in part, he "successfully managed the administrative section of Task Force 502" and "his experience and understanding of the Joint Task Force-Bravo operation saved the Task Force valuable time."  

4.  His DA Form 2-1 (Personnel Qualification Record) shows no entries in item 5 (Oversea Service).  Item 9 (Awards, Decorations, and Campaigns) shows, in part, a lined-through entry for the JMUA.  Item 9 does not show an entry for the MSM.

5.  On 12 June 1987, he was honorably discharged.  His DD Form 214 shows in:

* item 12f (Foreign Service) – "00  00  00"
* item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) – 

* Joint Service Commendation Medal
* ARCOM (2nd Award)
* AAM (2nd Award)
* Army Good Conduct Medal (2nd Award)
* Noncommissioned Officer Professional Development Ribbon with Numeral 1
* Army Service Ribbon
* Driver and Mechanic Badge with Driver-W Bar
* Army Lapel Button

6.  Department of the Army General Orders Number 45, dated 1 December 1986, confirmed award of the JMUA to Joint Task Force-Bravo, Honduras, for the period 1 August 1984 through 31 July 1986.

7.  He provides:

	a.  Permanent Orders 151-1, dated 16 August 1984, issued by Headquarters, III Corps and Fort Hood, Fort Hood, TX, ordering a temporary change of station for members of the 227th Aviation Battalion, 1st Cavalry Division, listed on an attached roster.  The orders show the members of the unit were to be attached to "Joint Task Force-B" at Palmerola, Honduras.  His name appears on an attached list of personnel.

	b.  A DD Form 1610, dated 8 October 1985, showing Soldiers assigned to the 502nd Aviation Battalion named in an attached list were to travel to Honduras for TDY in support of Joint Task Force Bravo for approximately 120 days with a proceed date on or about 21 October 1985.  His name appears on the attached list of personnel.

	c.  Orders 192-112, dated 9 October 1985, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX.  The orders attached him to Company D, 502nd Aviation Battalion, 2nd Armored Division, Fort Hood, TX, for an indefinite period effective 9 October 1985.

	d.  A second DD Form 1610, dated 22 October 1985, showing he was authorized repeated TDY to travel between Palmerola Air Base, Honduras, and El Salvador to act as a special courier for a 130-day period beginning 23 October 1985.  

	e.  A DD Form 1351-2, dated 20 November 1985, showing he requested payment of per diem.  The form shows he was in El Salvador during the period 
6-7 November 1985 and in "San Pedro" (country unspecified) during the period 11-17 November 1985.

	f.  A second DD Form 1351-2, dated 10 February 1986, showing he requested payment of per diem.  The form shows he was in El Salvador during the period 23 January-1 February 1986 and in Tegucigalpa, Honduras, during the period 7-9 February 1986.

	g.  Permanent Orders 98-23, dated 14 July 1987, issued by Headquarters, 1st Cavalry Division, Fort Hood, TX.  The orders announced award of the MSM to him for his meritorious service during the period 10 September 1980 to 13 June 1987.

	h.  An AAM Certificate showing he received the award for service in Honduras during the period 1 May to 30 June 1984.

	i.  An ARCOM Certificate showing he received the award for service in Honduras during the period 20 August through 12 November 1984.

	j.  An ARCOM Certificate showing he received the award for his meritorious achievement while serving with "Task Force 502" in Honduras from 21 October 1985 to 28 February 1986.  The citation does not note service in El Salvador.

8.  Army Regulation 600-8-22 (Military Awards) states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during specified time periods.  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 or 60 nonconsecutive days provided this support involved entering the area of operations.  The AFEM is authorized for qualifying service in El Salvador during the period 1 January 1981 to 1 February 1992.

9.  Army Regulation 600-8-22 defines “area of operation” as the foreign territory upon which troops have actually landed or are present and specifically deployed for the direct support of the designated military operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of operations; and the airspace above and adjacent to the area in which operations are being conducted.  “Direct support” is defined as services being supplied to participating forces in the area of eligibility by ground units, ships, and aircraft provided it involves actually entering the designated area of eligibility.  This includes units, ships, and aircraft providing logistic, patrol, guard, reconnaissance, or other military support within the designated area of eligibility.  “Area of eligibility” is defined as the foreign territory on which troops have actually landed or are present and specifically deployed for the operation; adjacent water areas in which ships are operating, patrolling, or providing direct support of the operation; and the air space above and adjacent to the area in which operations are being conducted.

10.  Army Regulation 635-5 (Personnel Separations - Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  The version of the regulation in effect at the time stated for item 12f, enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).

11.  The current version of Army Regulation 635-5 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)" in block 18 (Remarks) of the DD Form 214.

DISCUSSION AND CONCLUSIONS:

1.  The available evidence does not support his request for award of the AFEM for service in El Salvador.

	a.  He states that during his last tour of duty with Joint Task Force-Bravo, part of his aviation unit was assigned to support the government in El Salvador, which required him to enter the country of El Salvador several times during the period 21 October 1985 to 28 February 1986.

	b.  The available records show he was in El Salvador during the periods 
6-7 November 1985 and 23 January-1 February 1986 and in "San Pedro" (possibly in El Salvador) during the period 11-17 November 1985.  Assuming all of this service was in El Salvador, the total service is 19 days.  This total does not meet the requirement of 30 consecutive or 60 non-consecutive days for award of the AFEM.  

	c.  In view of the foregoing, there is an insufficient basis for adding the AFEM to his DD Form 214. 

2.  Permanent orders awarding him the MSM were published after his discharge.  It would be appropriate to correct his final DD Form 214 to show this award.

3.  He served in a unit during a period for which it was awarded the JMUA.  It would be appropriate to correct his final DD Form 214 to show this unit award.

4.  His final DD Form 214 shows no foreign service in item 12f; however, he provides documentation confirming he served in Honduras and El Salvador.  It appears the periods of service shown on the award certificates he provides are the best record of this foreign service.  His periods of foreign service were:

* 1 May to 30 June 1984 (2 months – Honduras)
* 20 August to 12 November 1984 (2 months and 12 days – Honduras)
* 21 October 1985 to 28 February 1986 (4 months and 8 days – Honduras and El Salvador)

5.  His total foreign service was 8 months and 20 days.  It would be appropriate to correct his final DD Form 214 to show this service.  It would also be appropriate to add an entry in item 18 of his DD Form 214 to show his periods of deployed service.

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 making the following deletion from and additions to his final DD Form 214:

	a.  delete the entry in item 12f;

	b.  add "00  08  20" to item 12f; 

	c.  add to item 13 – 

* Meritorious Service Medal
* Joint Meritorious Unit Award

	d.  add to item 18:

* SERVICE IN HONDURAS FROM 19840501-19840630 AND 19840820-19841112
* SERVICE IN HONDURAS/EL SALVADOR FROM 19851021-19860228

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 the AFEM.  



      _______ _  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)                                         AR20120010186





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ABCMR Record of Proceedings (cont)                                         AR20120010186



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