ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 5 September 2019 DOCKET NUMBER: AR20170010931 APPLICANT REQUESTS: correction to his military service record to include service in El Salvador with award or authorization of: * Armed Forces Expeditionary Medal * Special Forces Combat Patch APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DD Form 1610 (Request and Authorization for TDY Travel of DoD Personnel), dated 3 April 1986 * DD Form 1610 (Amended), dated 29 August 1986 * Advisor El Salvadoran Weapons Permit and Halcones MilGroup Security ID * Joint Service Achievement Medal and Citation dated 24 October 1986 FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states he would like correction of his military service record to include service in El Salvador from April 1986 to September 1986 (179 days) award of Armed Forces Expeditionary Medal for service in El Salvador and authorization for wear of Special Forces Combat Patch. He states when he left active duty in 1992 the award for service in El Salvador had not been authorized yet and therefore was not annotated in his official service record. 3. The applicant provides: a. A copy of his DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel), dated 3 April 1986, which authorized his temporary duty as a Watch Officer at Fort Davis, Panama/ San Salvador, El Salvador for 90 days. b. A copy of the DD 1610 amendment dated 29 August 1986, changing the per diem and amount of time from 90 days to 106 days. c. A copy of his Advisor Authorization to Carry Weapons card and his US Milgroup Halcones Security Badge for his Watch Officer position. d. A copy of his Joint Service Achievement Medal for Meritorious Service for the Armed Forces of the United States for his duty in El Salvador from 8 April 1986 to 8 November 1986. 4. A review of the applicant’s service record shows: a. Having had prior service, he enlisted in the Regular Army on 27 June 1984. b. His foreign service included the following: * Panama from 5 March 1985 to 1 July 1987 * Turkey from 19 August 1990 to 18 August 1993 * Germany from 4 November 1990 to 9 May 1991 c. On 29 September 1992, he was honorably discharged from active day. His DD Form 214 (Certificate of Release or Discharge from Active Duty) shows in item 12f (Foreign Service) he completed 4 years, 5 months, and 3 days of Foreign Service. In item 18 (Remarks) shows immediate reenlistment this period – 27 June 1984 – 26 March 1987, and 27 March 1987 – 4 September 1989. Period of Delayed Entry Program was 14 June 1984 – 26 June 1984. He had service in Southwest Asia from 04 November 1990 – 9 May 1991. It also shows he was awarded or authorized: * Army Achievement Medal * Army Lapel Button * Army Commendation Medal * Army Service Ribbon * Good Conduct Medal (2nd Award) * Good Conduct Medal (Marine Corps) 1st Award * Joint Service Achievement Medal * NCO Professional Development Ribbon with numeral 1 * National Defense Service Medal * Meritorious Service Medal * Overseas Service Ribbon with numeral 2 * Sea Service Deployment Ribbon (Navy-Marine Corps) * Southwest Asia Service Medal with 2 bronze service stars * Parachutist Badge * Honduran Parachutist Badge * Army Superior Unit Award 5. By regulation, the Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas 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 inclusive dates for El Salvador are 1 January 1981 – 1 February 1992. 6. The regulation (AR 670-1) governing the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined some relief was warranted. Although specific service dates for service in El Salvador were not reflected in any documentary evidence available, based upon the documentary evidence provided by the applicant and based upon the administrative notes below by that analyst of record, the Board recommended that the applicant be granted the Armed Forces Expeditionary Medal. However, because regulatory guidance concerning information proper for including on a DD Form 214 does not include combat patches, the Board recommended denying that portion of the applicant’s request. The Board found insufficient evidence to support his request to authorize the wear of the Special Forces Combat Patch. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is sufficient to warrant a recommendation for partial relief. As a result, the Board recommends that all Department of Army records of the individual concerned be corrected by amending the applicant’s DD Form 214 by awarding and adding the Armed Forces Expeditionary Medal. 2. The Board further determined 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 authorizing wear of or adding a combat patch to his DD Form 214. 10/21/2019 X CHAIRPERSON Signed by: 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. ADMINISTRATIVE NOTE(S): A review of the applicant’s records shows he was awarded or authorized the Armed Forces Expeditionary Medal which is not annotated on his DD Form 214. As a result, amend his DD Form 214 by adding in: * item 13, Armed Forces Expeditionary Medal REFERENCES: 1. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation (AR) 600-8-22 (Military Awards) states: a. The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within specific geographic areas 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. b. It also 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. 3. Army Regulation 670-1 (Uniforms and Insignia) governs the requirements for wear of the shoulder sleeve insignia for former wartime service, commonly referred to as a combat patch. This regulation authorizes optional wear of the U.S. Army shoulder sleeve insignia of any former wartime unit in which a Soldier served during a period of eligibility. There are no provisions for entering the shoulder sleeve insignia for former wartime service on the DD Form 214 or any other place in military records.