RECORD OF PROCEEDINGS

	IN THE CASE OF:      

	BOARD DATE:            FEBRUARY 19, 2004                  
	DOCKET NUMBER:   AR2003089091

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. Jessie B. Strickland		Analyst	

  The following members, a quorum, were present:

	Mr. Raymond J. Wagner		Chairperson	
	Mr. Robert Duecaster		Member	
	Mr. Melvin H. Meyer		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military records.

	Exhibit B - Military Personnel Records (including advisory opinion, if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:  

1.  The applicant requests that his records be corrected to reflect three awards of the Armed Forces Expeditionary Medal (AFEM) and four bronze service stars for wear on his Vietnam Service Medal (VSM).

2.  The applicant states, in effect, that the AFEM for service in El Salvador was approved subsequent to his retirement; however, it was awarded for the period in which he served in El Salvador and should be added to his records.  Additionally, he should have been awarded four bronze service stars for his Vietnam service.

3.  The applicant provides a copy of his temporary duty (TDY) orders authorizing him to be in El Salvador beginning on 25 May 1984, for a period of 179 days.

CONSIDERATION OF EVIDENCE: 

1.  The applicant is requesting correction of error which occurred on 30 September 1995.  The application submitted in this case is dated 3 April 2003.  

2.  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 allows the Army Board for Correction of Military Records (ABCMR) to excuse failure to file within the 3-year statute of limitation if the ABCMR determines that it would be in the interest of justice to do so.  In this case, the ABCMR will conduct a review of the merits of the case to determine if it would be in the interest of justice to excuse the applicant’s failure to timely file.

3.  The applicant enlisted on 15 June 1970 and remained on active duty through a series of continuous reenlistments.  He was promoted to the pay grade of E-8 on 1 April 1989 and was placed on the Retired List effective 1 October 1995.  He had served 25 years, 3 months and 16 days of total active service and his awards included the VSM and two awards of the AFEM.  

4.  A review of the available records shows that the applicant was awarded the VSM for service in Thailand from 8 April 1971 through 17 September 1974.  There is no evidence that he was awarded the four bronze service stars that he was entitled to receive for his campaign participation.

5.  His records also show that he was assigned to Panama during the periods of 27 December 1977 through 27 June 1980 and 25 January 1983 through 13 June 1986.  His records also show that on 1 May 1986, his duty station was at the United States Army Military Group in El Salvador, as a Special Forces Senior Sergeant.

6.  The Total Army Personnel Command (PERSCOM) military personnel (MILPER) message number 96-104, dated 31 March 1996, announced the award of the AFEM for El Salvador during the period of 1 January 1981 through 1 February 1992.  In order to be eligible for award of the AFEM, the soldier was required to be engaged in direct support of operations for 30 days or 60         non-consecutive days, provided the support involved entering the area of operations.

DISCUSSION AND CONCLUSIONS:

1.  At the time the applicant was placed on the Retired List, he had already been awarded the VSM and two awards of the AFEM.  However, approximately 5 months after his retirement, award of the AFEM for duty in El Salvador was approved and he was never given this award.  Additionally, there is no evidence to show that he was ever awarded the four bronze service stars that he is entitled to receive for his service in Thailand, in support of operations in Vietnam.

2.  Accordingly, the Board finds that it would be in the interest of justice to do so at this time.

BOARD VOTE:

rjw______  mm_____  rd______  GRANT RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant a recommendation for relief and to excuse failure to timely file.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by awarding the individual the third award of the AFEM (AFEM 2OLC) and four bronze service stars for wear on his already awarded VSM.  

		___Raymond J. Wagner___
		        CHAIRPERSON

INDEX

CASE ID	AR2003089091	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	20040219	
TYPE OF DISCHARGE	(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)	
DATE OF DISCHARGE	YYYYMMDD	
DISCHARGE AUTHORITY	AR . . . . .  	
DISCHARGE REASON		
BOARD DECISION	GRANT)	
REVIEW AUTHORITY		
ISSUES         1.  107.0072	118/AFEM	
2.		
3.		
4.		
5.		
6.