MEMORANDUM OF CONSIDERATION


         IN THE CASE OF:
        


         BOARD DATE: 10 June 2003
         DOCKET NUMBER: AR2003084364

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

Mr. Carl W. S. Chun		Director
Mr. Luis Almodova		Analyst

The following members, a quorum, were present:

Mr. Samuel A. Crumpler		Chairperson
Ms. Shirley L. Powell		Member
Mr. John T. Meixell		Member

         The Board, established pursuant to authority contained in 10 U.S.C. 1552, convened at the call of the Chairperson on the above date. In accordance with Army Regulation 15-185, the application and the available military records pertinent to the corrective action requested were reviewed to determine whether to authorize a formal hearing, recommend that the records be corrected without a formal hearing, or to deny the application without a formal hearing if it is determined that insufficient relevant evidence has been presented to demonstrate the existence of probable material error or injustice.

         The applicant requests correction of military records as stated in the application to the Board and as restated herein.

         The Board considered the following evidence:

         Exhibit A - Application for correction of military
records
         Exhibit B - Military Personnel Records (including
         advisory opinion, if any)

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APPLICANT REQUESTS: Correction of his records to show award of the Armed Forces Expeditionary Medal and the Korean Defense Service Medal.

APPLICANT STATES: In effect, that he served with the 51st Signal Battalion under the 35th Signal Brigade, and that he was on Joint Task Force (JTF) 180 (Operation Uphold Democracy in Haiti) from 18 September 1994 through 1 November 1994 and that soldiers who served in Haiti under JTF 180/JTF 190 are eligible for this award.

The applicant also states that he served in the Republic of Korea with the 307th Signal Battalion under the 1st Signal Brigade from 21 February 1995 through 21 February 1996 and that since The President approved award of the Korean Defense Service Medal to all Armed Forces personnel who served in the Republic of Korea during any qualifying period after the end of the Korean War (28 July 1954), he is eligible for this award.

In support of his application, he submits a copy of his DD Form 214, Certificate of Release or Discharge from Active Duty; a copy of a DD Form 2215, Reference Audiogram, dated 22 July 1994; a copy of MILPER Message Number 95-69, Subject: Award of the Armed Forces Expeditionary Medal for Operation Uphold Democracy – Haiti; and a copy of his DD Form 4/1, Enlistment/Reenlistment Document, Armed Forces of the United States, dated 19 January 1996.

EVIDENCE OF RECORD: The applicant's military records show:

The applicant enlisted in the US Army Reserve, Delayed Enlistment Program, on 22 November 1991. He enlisted in the Regular Army on 15 September 1992 and served on active duty until he was released from active duty in the rank and pay grade, Specialist, E-4, and was transferred to the US Army Reserve Control Group (Reinforcement) on 23 December 1997. On his release from active duty, the applicant had completed 5 years, 3 months, and 9 days active Federal service

Block 13, (Decorations, Medals, Badges, Commendations, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Achievement Medal, the Good Conduct Medal, the National Defense Service Medal, the Army Service Ribbon, and the Overseas Service Ribbon during his Army service. Block 13 does not show the Armed Forces Expeditionary Medal as an authorized award.

Item 35 (Record of Assignments) of the applicant's DA Form 2-1, Part II, Personnel Qualification Record, shows that while he was assigned at Fort Bragg,

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he served with Headquarters and Headquarters Company, 426th Signal Battalion (5 March 1993 – 15 April 1993); C Company, 51st Signal Battalion, (16 April 1993 – 21 April 1994) and with D Company, 51st Signal Battalion (22 April
1994 – 25 February 1995).

The copy of a DD Form 2215, Reference Audiogram, that the applicant submitted shows his unit of assignment as D Company, 51st Signal Battalion, Fort Bragg, North Carolina.

There are no orders assigning or attaching the applicant for duty with a unit engaged in Operation Uphold Democracy in the applicant's service personnel records. There are no orders authorizing receipt of imminent danger or hostile fire pay during the period 18 September 1994 through 1 November 1994 in the applicant's service personnel records. There is no evidence that the applicant was physically present in Haiti during the period the Armed Forces Expeditionary Medal was approved for award to Armed Forces personnel who participated in Operation Uphold Democracy.

The applicant was contacted telephonically on 9 June 2003 to determine if he had a copy of any document that would physically place him in Haiti during the period 18 September 1994 through 1 November 1994. The types of orders or documents being sought were any orders attaching him to a unit directly engaged in Operation Uphold Democracy, any temporary duty orders ordering him to the area of operations, or orders authorizing his receipt of Imminent Danger or Hazardous Duty Pay for the period 18 September 1994 through 1 November 1994.

Item 5 (Overseas Service) of the applicant's DA Form 2-1 is void of an entry showing overseas service in Haiti on a temporary or permanent basis. Item 35, of the applicant's DA Form 2-1 is also void of an entry showing his assignment or attachment to any unit besides the 426th or the 51st Signal Battalion during the period the applicant allegedly served in Haiti.

The Combined Arms Research Library, Command and General Staff College, has prepared and publicized a listing of units that participated in Operation Uphold Democracy. The list, U.S. Army Order of Battle, Operation Uphold Democracy, is on the Internet at www-cgsc.army.mil.

The Board noted that there was a properly completed DA Form 330, Language Proficiency Questionnaire, dated 21 October 1994, in the applicant's service personnel records. This form shows that the applicant was evaluated for

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language proficiency in the Korean language on this same date. The evaluation was administered at the Dawn R. Rains Army Education Center, Language Learning Center, Fort Bragg.

Army Regulation (AR) 600-8-22 governs award of the Armed Forces Expeditionary Medal 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 to friendly foreign nations. Qualifications for this award include the requirement to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations. The regulation also provides that the Armed Forces Expeditionary Medal may be awarded if the individual served the full period, in cases when the operation is less than 30 days in duration, if the individual is engaged in actual combat with armed opposition, regardless of the period of service, if the individual participates as a member of an aircraft flying in support of the operation, or if the individual is recommended (or attached to a unit recommended) for award of the medal, if the above criteria have not been met. The designated military operations and dates of eligibility for this award are specified in AR 600-8-22 and in a www.perscomonline.army.mil Awards Glossary, "Awards Issued Since the Cold War."

Review of this glossary shows that, during the period of his assignment at Fort Bragg, 5 March 1993 through 25 February 1995, the Armed Forces Expeditionary Medal was authorized for participants in Operation Uphold Democracy in Haiti from 16 September 1994 to 31 March 1995.

The Korea Defense Service Medal was approved on 2 December 2002, as part of the Fiscal Year 2003 National Defense Authorization Act. The medal has not yet been designed and funded, and instructions for issuance and wear of this award also have not been completed. The agency responsible for completing these actions estimates that it could take up to one year before those eligible for this award will begin to receive it. Once the Korea Defense Service Medal is ready for issue, the Army will publicize information regarding how to request it and how it will be issued. Specific instructions will appear on the Internet, in unofficial publications, and in magazines published by veteran service organizations. We ask that you wait for these instructions before you submit an application to the ABCMR. For this reasons, the Board will take no action on your application for award of the Korea Defense Service Medal and will close this portion of your application without prejudice. We have enclosed a new application for your use in the event you must reapply to the ABCMR. The Korea Defense Service Medal will not be discussed further in this Memorandum of Consideration.

DISCUSSION: Considering all the evidence, allegations, and information presented by the applicant, together with the evidence of record, applicable law and regulations, it is concluded:

1. The Board considered the applicant's request for award of the Armed Forces Expeditionary Medal.

2. The evidence of record shows the applicant served on active duty during the period 15 September 1992 through 23 December 1997.

3. The regulation that governs awards shows that while the applicant served at Fort Bragg (5 March 1993 through 25 February 1995) the Armed Forces Expeditionary Medal was approved for award to Armed Forces personnel who participated in Operation Uphold Democracy in Haiti.

4. The evidence of record shows the applicant served at Fort Bragg, North Carolina, with both the 426th and 51st Signal Battalions neither of which was listed as a participating unit in the US Army Order of Battle, Operation Uphold Democracy. The units the applicant alleges to have been deployed with, the 51st Signal Battalion and the 35th Signal Brigade are not listed.

5. The applicant was contacted telephonically on 9 June 2003 to determine if he had a copy of any document that would physically place him in Haiti during the period 18 September 1994 through 1 November 1994. The applicant admitted to not having any orders attaching him to a unit directly engaged in Operation Uphold Democracy, any temporary duty orders ordering him to the area of operations, or orders authorizing his receipt of Imminent Danger or Hazardous Duty Pay for the period 18 September 1994 through 1 November 1994.

6. There is no documentary evidence in the applicant's service personnel records nor recorded information on his DA Form 2-1 that he was a member of a unit engaged in Operation Uphold Democracy, in Haiti, or served in the area of operations for 30 days, or entered the area of operations in direct support of this operation.

7. There is no evidence in the records available to the Board that the applicant performed other service that qualified him for award of the Armed Forces Expeditionary Medal.

8. In order to justify correction of a military record the applicant must show to the satisfaction of the Board, or it must otherwise satisfactorily appear, that the

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record is in error or unjust. The applicant has failed to submit evidence that would satisfy this requirement.

9. In view of the foregoing, there is no basis for granting the applicant's request.

DETERMINATION: The applicant has failed to submit sufficient relevant evidence to demonstrate the existence of probable error or injustice.

BOARD VOTE:

________ ________ ________ GRANT

________ ________ ________ GRANT FORMAL HEARING

__sac___ __slp___ __jtm___ DENY APPLICATION

                  Carl W. S. Chun
                  Director, Army Board for Correction
of Military Records

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INDEX

CASE ID	AR2003084364
SUFFIX
RECON
DATE BOARDED	20030610
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION	DENY
REVIEW AUTHORITY
ISSUES 1.	107.0000
2.	107.0072
3.
4.
5.
6.