RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          4 August 2005
      DOCKET NUMBER:  AR20040008317


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

|     |Mr. Carl W. S. Chun               |     |Director             |
|     |Ms. Prevolia Harper               |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. James E. Anderholm            |     |Chairperson          |
|     |Mr. Richard T. Dunbar             |     |Member               |
|     |Ms. LaVerne M. Douglas            |     |Member               |

      The Board considered the following evidence:

      Exhibit A - Application for correction of military records.

      Exhibit B - Military Personnel Records (including advisory opinion,
if any).

THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests correction of his records to show award of the
Armed Forces Expeditionary Medal (AFEM).

2.  The applicant states he was awarded the AFEM for his service in support
of Operation Uphold Democracy for the period January through April 1995.
He further states that he was assigned to the 25th Infantry Division at the
time and this information was not added to his permanent DD Form 214
(Certificate of Release or Discharge from Active Duty).

3.  The applicant provides:

      a.  A DD Form 214.

      b.  A DD Form 214 Worksheet.

      c.  A DA Form 1695 (Oath of Extension of Enlistment).

      d.  DA Form 3340-R (Request for Regular Army Reenlistment or
Extension).

      e.  A certificate for the applicant's participation in Operation
Uphold Democracy.


CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of alleged error which occurred
on
27 October 1995.  The application submitted in this case is dated September
2004.

2.  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 allows the Army
Board for Correction of Military Records (ABCMR) to excuse failure to file
within the 3-year statute of limitation if the ABCMR determines that it
would be in the interest of justice to do so.  In this case, the ABCMR will
conduct a review of the merits of the case to determine if it would be in
the interest of justice to excuse the applicant’s failure to timely file.




3.  The applicant enlisted in the Regular Army on 28 April 1992 for a
period of
3 years.  He completed basic and advanced individual training and was
awarded the military occupational specialty 11B10 (Infantryman).  He was
honorably separated from active duty on 27 October 1995.

4.  The applicant's records contain a Statement of Understanding in which
the applicant acknowledged that under the terms of his enlistment contract
that he may be required to extend his enlistment due to the rotation
requirements and deployment schedules for units such as the 25th Infantry
Division.

5.  There are no orders contained in the applicant's military personnel
file which show that he was deployed in support of Operation Uphold
Democracy.

6.  The DD Form 214 Worksheet provided by the applicant show AFEM as an
authorized award.  However, the applicant's final permanent DD Form 214
with an effective date of 27 October 1995, does not show the AFEM.

7.  The applicant provided DA Forms 1695 and 3340-R which show that, on
26 January 1995, the applicant extended his 3-year enlistment on active
duty for a period of 6 months.  This document also shows that the applicant
extended his enlistment in order to meet the military requirements for
deployment in support of Operation Uphold Democracy.

8.  The applicant submitted a copy of a Joint Task Force 190 certificate
authenticated by a lieutenant general serving in the position of the
Commanding General, Joint Task Force which shows the applicant participated
in Operation Uphold Democracy as part of a multinational force.  There are
no dates shown on this certificate.

9.  The applicant was contacted to see if he had a copy of orders
pertaining to his deployment.  The applicant stated that he was never given
a copy of orders for his deployment to Haiti.

10.  The applicant’s DA For 2-1 (Personnel Qualification Record) does not
show in item 5 (Oversea Service) that he served in Haiti.








11.  Military Personnel Message 95-69, dated 281650Z December 1994,
provided for award of the Armed Forces Expeditionary Medal for
participation in Operation Uphold Democracy in Haiti.  The message limited
eligibility for award of the Armed Forces Expeditionary Medal to those U.S.
military forces who participated in, or directly supported, within the area
of operations.  Qualifying service for this award includes the requirements
to be a bona fide member in a unit and to be engaged in the operation or
serve in the area of operations for 30 days, be engaged in direct support
of the operation for a period of 30 consecutive or 60 nonconsecutive days
provided support involves entering the area of operations, be engaged in
combat, participate as a member of an aircraft flying in support of the
operation, or be recommended or attached to a unit recommended for award of
the medal if the above criteria have not been met.

12.  Army Regulation 635-5 prescribes the separation documents that must be
prepared for soldiers on retirement, discharge, release from active duty
service, or control of the Active Army.  It establishes standardized policy
for preparing and distributing the DD Form 214.  Chapter 2 contains item by
item preparation instructions for the DD Form 214.  The guidance for
preparation of Item 18 (Remarks) states, in pertinent part, that the
following entry will be entered for active duty soldiers deployed with
their units to a foreign country during the period covered by the DD Form
214:  "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for
example, YYYYMMDD - YYYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his records should be corrected to show
award of the Armed Forces Expeditionary Medal.

2.  The applicant provided documents which show he extended his enlistment
in order to meet the requirements for deployment in support of Operation
Uphold Democracy.  However, there are no orders which show he actually
deployed with his unit for at least 30 days.

3.  The applicant’s period of service in Haiti is not documented in either
the evidence of record or in the independent evidence he provided.  Periods
served in a foreign country are necessary to support records entry and
because the AFEM is based on time served in the qualifying area, the
specific dates of service is required.  Since there are no orders or
specific dates the applicant served in Haiti, there is insufficient
evidence upon which to base award of the AFEM.  The applicant is advised
that if he can provide documentary evidence that shows the period he served
in Haiti, he may reapply to the Board for reconsideration of this issue.

3.  The certificate provided by the applicant does not show the length of
his deployment.  Therefore, specific dates of deployment cannot be
established.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 October 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on 26 October 1998.  The applicant did not file within
the 3-year statute of limitations and has not provided a compelling
explanation or evidence to show that it would be in the interest of justice
to excuse failure to timely file in this case.

BOARD VOTE:

________  ________  ________  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

__JEA __  __RTD __  __LMD __  DENY APPLICATION


BOARD DETERMINATION/RECOMMENDATION:

1. The Board determined that 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.

2.  As a result, the Board further determined that there is no evidence
provided which shows that it would be in the interest of justice to excuse
the applicant's failure to timely file this application within the 3-year
statute of limitations prescribed by law.  Therefore, there is insufficient
basis to waive the statute of limitations for timely filing or for
correction of the records of the individual concerned.





            __James E. Anderholm___
                    CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040008317                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050804                                |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |                                        |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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