RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:          16 August 2005
      DOCKET NUMBER:  AR20040009823


      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             |
|     |Mr. Jessie B. Strickland          |     |Analyst              |


      The following members, a quorum, were present:

|     |Mr. Melvin H. Meyer               |     |Chairperson          |
|     |Mr. John T. Meixell               |     |Member               |
|     |Mr. James B. Gunlicks             |     |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 that he be awarded the Humanitarian Service
Medal (HSM), the Armed Forces Expeditionary Medal (AFEM) and the United
Nations Medal (UNM) for his participation in Operations Uphold and Maintain
Democracy in Haiti and that those awards be included on his report of
separation (DD Form 214).

2.  The applicant states that the awards were not added to his DD Form 214
at the time of his retirement because they had not been authorized at the
time.  However, he is currently a Junior Reserve Officer Training Corps
instructor and desires to add these awards to his uniform, which he wears
every day.

3.  The applicant provides copies of Certificates of Achievement for
Operations Maintain and Uphold Democracy in the Republic of Haiti, copies
of orders transferring him to and from Haiti and a copy of an article from
the Army Times listing the awards authorized for operations in Haiti.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on 30 April 1995.  The application submitted in this case is dated
4 October 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.  He enlisted in San Antonio, Texas, on 21 June 1971 for a period of 3
years.  He successfully completed his training and remained on active duty
through a series of continuous reenlistments.

4.  On 1 November 1990, while serving as a Special Forces Communications
Sergeant in Panama, he was promoted to the rank of master sergeant (E-8).

5.  His records contain an authorization for award of the AFEM for his
participation in Operation Just Cause in Panama during the period of 20
December 1989 through 31 January 1990.  That award was properly annotated
in his records.  He was also awarded the Combat Infantryman Badge for that
operation as well.

6.  The applicant deployed to Haiti on 25 September 1994 in support of
Operation Uphold Democracy.  His records also contain an authorization for
award of the AFEM for Operation Uphold Democracy – Haiti and that award was
also properly annotated in his records.  Since this action is complete
there will be no further discussion in these proceedings.

7.  On 30 April 1995, the applicant was honorably released from active duty
(REFRAD) and was transferred to the Retired List effective 1 May 1995.  He
had served 23 years, 10 months and 10 days of total active service.  His DD
Form 214 issued at the time of his REFRAD properly reflects his two awards
of the AFEM.

8.  Army Regulation 600-8-22 provides Department of the Army policy,
criteria and administrative instructions concerning individual military
decorations, service medals, combat and special skill badges and unit
decorations.  It also prescribes policies and procedures concerning foreign
decorations.  It provides, in pertinent part, that the HSM was awarded for
Operations Uphold and Restore Democracy during the period of 10 September
1994 to 31 March 1995.  The AFEM and UNM were awarded for Operation Uphold
Democracy for the period of 16 September 1994 to 31 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  The applicant is entitled to awards of the HSM and the UNM for his
participation on Operations Uphold and Restore Democracy in Haiti during
the time prescribed for those awards.

2.  Therefore, it would be in the interest of justice to award him those
awards at this time and to correct his records accordingly.


BOARD VOTE:

__mhm___  __jtm___  __jbg___  GRANT RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined that the evidence presented was sufficient to warrant
a recommendation for relief and to excuse failure to timely file.  As a
result, the Board recommends that all Department of the Army records of the
individual concerned be corrected by awarding him the HSM and the UNM and
adding them to his records.




                 Melvin H. Meyer
            ______________________
                    CHAIRPERSON




                                    INDEX

|CASE ID                 |AR20040009823                           |
|SUFFIX                  |                                        |
|RECON                   |                                        |
|DATE BOARDED            |20050816                                |
|TYPE OF DISCHARGE       |                                        |
|DATE OF DISCHARGE       |                                        |
|DISCHARGE AUTHORITY     |                                        |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |(PARTIAL GRANT)                         |
|REVIEW AUTHORITY        |                                        |
|ISSUES                  |121/HSM                                 |
|1.107.0075              |                                        |
|2.107.0086              |132/UNM                                 |
|3.107.0072              |118/AFEM                                |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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