IN THE CASE OF:
BOARD DATE: 6 March 2014
DOCKET NUMBER: AR20130011487
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, in effect, award of the Armed Forces Expeditionary Medal (AFEM) for service in El Salvador.
2. The applicant states:
* he served on active duty during the El Salvador campaign from 1 January 1981 to 1 February 1992
* the service/campaign ribbon is not noted on his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* this omission from his DD Form 214 denies him the five-point veteran preference as a Federal employee
* he was discharged prior to the end of the campaign
3. The applicant provides:
* DD Form 214
* Discharge orders, dated 26 March 1983
* Notification of personnel action
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 3 January 1977 for a period of 3 years. He completed his training and was awarded military occupational specialty (MOS) 05B (radio operator). On 3 October 1979, he was honorably discharged for immediate reenlistment. He reenlisted on 4 October 1979 for a period of 3 years. He was awarded MOS 52C (utilities equipment repairer).
3. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Hawaii from 30 June 1978 to 8 May 1980 (total of
1 year, 10 months, and 8 days).
4. He was released from active duty on 1 October 1982.
5. His DD Form 214 shows he completed 1 year, 10 months, and 8 days of foreign service.
6. There is no evidence of record and he provides no evidence which shows he served in El Salvador.
7. 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.
DISCUSSION AND CONCLUSIONS:
Since there is no evidence of record and the applicant provides no evidence which shows he served in El Salvador during the qualifying period, there is insufficient evidence on which to base awarding the AFEM at this time.
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) AR20130011487
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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ABCMR Record of Proceedings (cont) AR20130011487
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ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
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