IN THE CASE OF: BOARD DATE: 2 February 2023 DOCKET NUMBER: AR20220007217 APPLICANT REQUESTS: correction to his DD Form 214 (Certificate of Release or Discharge from Active Duty) to reflect the following: * Armed Forces Expeditionary Medal (AFEM) * Overseas Service Bar (OSB) * Shoulder Sleeve Insignia Former Wartime Service (SSI-FWTS) APPLICANT'S SUPPORTING DOCUMENT(S) CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Military Personnel (MILPER) Message NR 96-104 * All Army Activities (ALARACT) 062/97 * Office of Personnel Management (OPM) memorandum * DA Form 4187 (Personnel Action) FACTS: 1. The applicant did not file within the 3-year time frame provided in Title 10, U.S. Code, section 1552(b); however, the Army Board for Correction of Military Records (ABCMR) 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, in effect, at the time of his discharge, the area was not classified as a combat area and medals were not awarded. He would like for his DD Form 214 to be updated to reflect his awards. 3. The applicant provides: a. MILPER Message NR 96-104, dated 191501Z March 1996, Subject: Award of the Armed Forces Expeditionary Medal for El Salvador, which states, “Public Law 104- 106, approved 10 February 1996, designates the Country of El Salvador, beginning 1 January 1981 and ending 1 February 1992, as an area and a period of time in which members of the U.S. Armed Forces participated in operations in significant numbers and otherwise met the general requirements for award of the Armed Forces Expeditionary Medal (AFEM). The geographical area includes the total land area of El Salvador.” b. ALARACT 062/97, dated 080357Z August 1997, Subject: Shoulder Sleeve Insignia – Former Wartime Service (SSI-FWTS) and overseas service bar (OSB) for service in El Salvador, which states, “The Chief of Staff, Army has authorized the wear of the shoulder sleeve – former wartime service (SSI-FWTS) and overseas service bar (OSB) for those personnel who participated in El Salvador operations from 1 January 1981 to 1 February 1992.” c. OPM memorandum, dated 23 February 1996, Subject: Veterans’ Preference for Service in El Salvador and Southwest Asia, states, “a provision of the Defense Authorization Act, signed into law on February 10, 1996, by President Clinton, authorizes the award of the Armed Forces Expeditionary medal (AFEM) for the approximately 5,000 armed forces personnel who battled Communist guerillas in El Salvador between January 1, 1981, and February 1, 1992.” d. DA Form 4187 submitted is undated and illegible. In addition, Section III (Request for Personnel Action) is visibly blank; therefore, it is unknown as to what personnel action the applicant requested. 4. A review of the applicant’s service record shows: a. He enlisted in the Regular army on 7 June 1979 as a 67N (Utility Helicopter Repairer). b. His DA Form 2-1 (Personnel Qualification Record), item 5 (Overseas Service), shows he was on temporary duty (TDY) in Honduras from 14 July 1986 until 23 October 1986. The applicant’s service record is void of TDY orders and/or unit movement orders, which would identify the area of operations, their duty status (i.e. assigned, attached, or under operational control), and the purpose of the TDY. c. His DD Form 214 reflects he was honorably retired on 30 June 1990 under the provisions of Army Regulation (AR) 635-200 (Personnel Separations – Enlisted Personnel), chapter 12, for length of service. He served 11 years and 24 days of net active service this period and 8 years, 11 months, and 22 days of prior active service. Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized) reflect the following: * Army Lapel Button * Army Service Ribbon * Overseas Service Ribbon * Good Conduct Medal (6th award) * National Defense Service Medal * NCO Professional Development Ribbon “2” * Army Commendation Medal * Joint Meritorious Unit Award * Aircraft Crewman Badge * Parachutist Badge * Sharpshooter (Rifle M-16) * Expert (Pistol Cal.45) 5. AR 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The applicant’s contentions, the military record, and regulatory guidance were carefully considered. Based upon the available documentation failing to show the applicant ever served in El Salvador, the Board concluded there was insufficient evidence of an error or injustice warranting the Armed Forces Expeditionary Medal (AFEM) The Board also wished to inform the applicant the other requested awards are not authorized to be placed on a DD Form 214. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING :xx :xx :xx DENY APPLICATION ? BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. 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. REFERENCES: 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 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. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards. a. Paragraph 2-13a states, the Armed Forces Expeditionary Medal (AFEM) was established by EO 10977, dated 4 December 1961, as amended by EO 10977, 3 May 2000, and may be awarded to Servicemembers of the Armed Forces of the United States who, after 1 July 1958— (1) Participate, or have participated, as members of the U.S. military units in a U.S. military operation in which Servicemembers of any military department participate, in the opinion of the Joint Chiefs of Staff, in significant numbers. (2) Encounter during such participation foreign-armed opposition, or are otherwise placed, or have been placed, in such position that, in the opinion of the Joint Chiefs of Staff, hostile action by foreign armed forces were imminent even though it did not materialize. b. Table 2-5 (AFEM – designated U.S. military operations of assistance to a friendly foreign nation) identifies El Salvador, from 1 January 1981 to 1 February 1992, with no additional notes. c. Paragraph 5–4 states, the Overseas Service Ribbon is awarded to Soldiers of the U.S. Army for successful completion of overseas tours. Effective 1 August 1981, all Soldiers of the Regular Army, ARNG, and USAR in an active Reserve status are eligible for this award. //NOTHING FOLLOWS// ABCMR Record of Proceedings (cont) AR20220007217 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS 1