IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015892 BOARD VOTE: ___x_____ ___x___ ___x____ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015892 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 adding to his DD Form 214 the Combat Infantryman Badge, Armed Forces Expeditionary Medal, and Expert Marksmanship Qualification Badge with Rifle Bar. ___________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. IN THE CASE OF: BOARD DATE: 21 February 2017 DOCKET NUMBER: AR20150015892 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 of Discharge from Active Duty) to show he was awarded the Combat Infantryman Badge (CIB) and Armed Forces Expeditionary Medal (AFEM). 2. The applicant states he received the CIB and AFEM 6 years after he retired, but he did not know how to update his DD Form 214. 3. The applicant provides: * DD Form 214 * DA Form 1577 (Authorization for Issuance of Awards) * Permanent Order 157-01, dated 6 June 1998, awarding him the CIB for El Salvador 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 is a retired Special Forces master sergeant (MSG/E8). 3. XVIII Airborne Corps Orders 181-38, dated 26 September 1989, assigned the applicant to El Salvador in October 1989. 4. The applicant’s DA Form 2-1 shows in item 5 (Oversea Service) he completed overseas tours in: * Panama from 24 November 1976 through 15 November 1979 * Panama from 1 July 1985 through 30 June 1988 * El Salvador from 10 October 1989 through 9 October 1990 5. In support of his application, the applicant provides: a. U.S. Total Army Personnel Command Permanent Order 157-01, dated 6 June 1998, that awarded him the Combat Infantryman Badge for satisfactory performance of duty while under hostile fire in El Salvador. b. A DA Form 1577 directing that the AFEM be engraved according to current regulations and issued to the applicant. 6. A review of the applicant's military personnel records reveal he may be authorized additional awards that are not shown on his DD Form 214. The applicant’s DA Form 2-1 shows in item 9 (Awards, Decorations and Campaigns) he was awarded the Expert Marksmanship Qualification Badge with Rifle Bar REFERENCES: 1. Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations. a. The AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. (1) Service members must be engaged in actual combat, or duty which is equally as hazardous as combat duty, during the operation with armed opposition, regardless of time in the area. 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 days in the area of operations (or for the full period when an operation is less than 30 days duration) or 60 nonconsecutive days provided this support involved entering the area of operations. (2) Table 2-4 (AFEM - Designated U.S. Military Operations of Assistance to a Friendly Nation) shows the AFEM was authorized for service in El Salvador from 1 January 1981 to 1 February 1992. b. The Combat Infantryman Badge is awarded to infantry or special forces officers and to enlisted and warrant officer persons who have an infantry or Special Forces military occupational specialty for service in El Salvador during the period 1 January 1981 to 1 February 1992 and for Panama (Operation Just Cause) 20 December 1989 to 31 January 1990. They must have served in active ground combat while assigned or attached to an infantry unit of brigade, regimental or smaller size. 2. Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22. Each entry will be verified by the Soldier's records; do not use abbreviations. DISCUSSION: 1. Records show the applicant served in El Salvador from 10 October 1989 through 9 October 1990. This period of service in El Salvador qualified the applicant for award of the AFEM, which is not shown on his DD Form 214. 2. Total Army Personnel Command Permanent Order 157-01, dated 6 June 1998, awarded him the CIB. It was not added to his DD Form 214. 3. Records show the applicant was authorized the Expert Marksmanship Qualification Badge with Rifle Bar; however, it was not recorded on his DD Form 214. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20150015892 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20150015892 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2