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ARMY | BCMR | CY2013 | 20130000036
Original file (20130000036.txt) Auto-classification: Approved

		IN THE CASE OF: 

		BOARD DATE: 6 August 2013

		DOCKET NUMBER:  AR20130000036 


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) record to show his foreign service in El Salvador.

2.  He states that:

	a.  While he was assigned to the U.S. Army 7th Special Forces Group (as an enlisted Soldier) he was deployed to El Salvador.  He was awarded the Combat Infantryman Badge, but his deployment to El Salvador is not recorded in his records.

	b.  He is now a Department of Defense civilian employee and he needs his deployment to El Salvador recorded in his record so he can change his leave category.

	c.  He does not have a copy of his deployment orders.

3.  He provides:

* his DD Form 214 for the period ending 31 January 2004
* his DD Form 215 (Correction to DD Form 214), dated 12 November 2012
* a letter from U.S. Total Army Personnel Command, subject:  Authority to Wear the Combat Infantryman Badge (CIB), (applicant's name), dated
20 March 2000


* Permanent Order 088-11, issued by the same command, dated 28 March 2008 (Award CIB)
* Permanent Order 313-11, issued by the U.S. Army Human Resources Command (HRC), dated 20 November 2012 (Amend Social Security Number)

CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 11 September 1981.  He continued to serve through a series of reenlistments until 10 May 1994, at which time he was honorably discharged to accept appointment as a warrant officer.  He completed 12 years and 8 months of net active service this period.  The
DD Form 214 he was issued at the time shows in:

* item 12f (Foreign Service) the entry "00  00  00," indicating he did not perform any foreign service during the period covered by the DD Form 214
* item 18 (Remarks) no deployment entry

2.  On 11 May 1994, the applicant took the oath of office as a warrant officer and entered active duty.  He served as a Special Forces warrant officer until
31 January 2004, at which time he retired by reason of sufficient service for retirement.  He attained the rank/grade of chief warrant officer three (CW3)/W-3.

3.  Permanent Order 088-11, dated 28 March 2000, awarded him the CIB for satisfactory performance of duty while under hostile fire from 30 November 1991 to 13 December 1991, a period of 14 days.

4.  On 21 November 2012, a DD Form 215 was issued adding the CIB to his
DD Form 214 for the period ending 31 January 2004.

5.  During the processing of this case, HRC confirmed that El Salvador was the only applicable qualifying area for the dates of service listed on the applicant's CIB orders.

6.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for the preparation of the DD Form 214.  It stated for:


* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* item 18, there was no provision for entering deployed service

7.  Army Regulation 635-5, currently in effect, states for:

* item 12f, enter the total amount of foreign service completed during the period covered by the DD Form 214
* Item 18, for an active duty Soldier deployed to a foreign country 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)"

DISCUSSION AND CONCLUSIONS:

1.  He was awarded the CIB for performing duties while under hostile fire during the period 30 November to 13 December 1991.  There was no documentation of record or any documentation provided by the applicant that shows the location for which the CIB was awarded; however, HRC confirmed that El Salvador was the only applicable qualifying area for the dates of service listed on the applicant's CIB orders.  Therefore, the applicant's DD Form 214 for the period ending 10 May 1994 should be corrected to show he completed
14 days of foreign service.

2.  Although there was no provision at the time for showing the applicant's deployed service on his DD Form 214 for the period ending 10 May 1994, the current edition of Army Regulation 635-5 authorizes such entry now.  Therefore, there would be no harm in adding to his DD Form 214 for the period ending 10 May 1994 the entry "Service in El Salvador from 19911130 - 19911231."

BOARD VOTE:

___x____  ___x____  ___x____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ____ ____  DENY APPLICATION




BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is sufficient to warrant a recommendation for relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 12f of his DD Form 214 for the period ending 10 May 1991 the current entry and replacing it with the entry "0000  00  14; and

	b.  adding to item 18 of his DD Form 214 for the period ending 10 May 1994 the entry "Service in El Salvador from 19911130 - 19911213."



      ____________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)                                         AR20120012587



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ABCMR Record of Proceedings (cont)                                         AR20130000036



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