IN THE CASE OF:	  

		BOARD DATE:	  19 May 2010

		DOCKET NUMBER:  AR20090020094 


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 or Discharge from Active Duty) to show any awards to which he is entitled for participation in support of Operation Uphold Democracy in Haiti.  

2.  The applicant states the following:

* He was there in 1994 or 1995 but not long enough to receive any awards
* He did the time and wants credit for it
* He was at Port au Prince and wants the awards that were given

3.  The applicant provides no additional documents in support of his application.

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 18 March 1994 and was discharged on 29 March 1996.  His 29 March 1996 DD Form 214 shows the National Defense Service Medal, the Army Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.  

3.  Item 12f (Foreign Service) and item 18 (Remarks) on his 29 March 1996 DD Form 214 does not show any foreign service.  

4.  The applicant subsequently served in the Army National Guard and the Regular Army.  

5.  The applicant’s service record does not show he served in support of Operation Uphold Democracy in Haiti.  

6.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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 participation in Operation Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends he participated in Operation Uphold Democracy in Haiti sometime in 1994 or 1995 and did not receive any credit for this time.  However, the applicant’s service record does not support his claims.  

2.  The applicant’s service record does not contain orders, certificates, or any other evidence available which indicates he served in support of Operation Uphold Democracy in Haiti.  Therefore, there is insufficient evidence on which to base correction of his records to show any additional awards.  

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)                                         AR20090020094





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ABCMR Record of Proceedings (cont)                                         AR20090020094



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