RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        25 August 2005
      DOCKET NUMBER:  AR20040011766


      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. John J. Wendland, Jr.         |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Margaret K. Patterson         |     |Chairperson          |
|     |Mr. Ronald E. Blakely             |     |Member               |
|     |Ms. Linda M. Barker               |     |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 award of the Armed Forces Expeditionary Medal
and the Humanitarian Service Medal.

2.  The applicant states, in effect, that these awards for participation in
Operation Uphold Democracy in Haiti are not recorded on his DD Form 214
(Certificate of Release or Discharge from Active Duty).

3.  The applicant provides a copy of his DD Form 214, with an effective
date of 27 January 2000; a copy of 18th Airborne Corps, Fort Bragg, North
Carolina memorandum, subject:  Award of the Armed Forces Expeditionary
Medal for Operation Uphold Democracy - Haiti, dated 5 January 1995 with an
enclosure; 37th Engineer Battalion (Combat) (Airborne), Fort Bragg
memorandum, subject Award of the Award of the Expeditionary Medal for
Operation Uphold Democracy - Haiti, dated 25 January 1995; a copy of 37th
Engineer Battalion (Combat) (Airborne), Fort Bragg memorandum, subject:
Humanitarian Service Medal Recommendation for Operation Uphold Democracy,
dated 28 November 1994, with 1st Endorsement; and a one-page extract of a
unit roster showing the applicant's name.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
27 January 2000, the date of his separation from active duty.  The
application submitted in this case is dated 18 November 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.  Military records show that the applicant enlisted in the Regular Army
on
23 March 1994.  After completion of basic combat training and advanced
individual training, the applicant was awarded military occupational
specialty (MOS) 62E (Heavy Construction Equipment Operator).


4.  On 16 June 1994, the applicant was assigned to the 37th Engineer
Battalion (Fort Bragg) where he served until he was separated from active
duty on
27 January 2000.

5.  The applicant's DD Form 214, Item 13 (Decorations, Medals, Badges,
Commendations, Citations and Campaign Ribbons Awarded or Authorized) shows
that he was awarded the National Defense Service Medal, the Army Service
Ribbon, the Expert Marksmanship Qualification Badge with Rifle Bar, and the
Army Lapel Button.  The entry in Item 12f (Record of Service, Foreign
Service) of the document contains the entry:  "0000 Years, 00 Months, 00
Days", which indicates the applicant did not serve overseas.

6.  Coordination was made with the Department of the Army, Military Awards
Branch, U.S. Army Human Resources Command, Alexandria, Virginia, to
determine if the applicant's name appeared on the list of Soldiers awarded
the Humanitarian Service Medal for Operation Uphold Democracy in Haiti.
There was no evidence in available files to substantiate that the applicant
was awarded the Humanitarian Service Medal.

7.  The applicant provided copies of correspondence from his former command
related to award of the Armed Forces Expeditionary Medal and Humanitarian
Service Medal.  Included in the correspondence were two copies of the same
page extracted from an undated 37th Engineer Battalion (Combat) (Airborne)
(Fort Bragg) unit roster, upon which the applicant's name appears.  There
is no indication as to the subject of the unit roster.

8.  Review of the applicant's records reveals that he may be entitled to
additional awards which are not shown on his DD Form 214.

9.  The applicant's records contain United States Army Infantry Center,
Fort Benning, Permanent Orders 057-508, dated 26 February 1996, which shows
the applicant was awarded the Parachutist Badge for successful completion
of Airborne training.

10.  The applicant's records contain 18th Personnel Service Battalion, Fort
Bragg, Permanent Orders 000205-011, dated 24 July 1997 which shows the
applicant was awarded the Army Good Conduct Medal (1st Award) for exemplary
behavior, efficiency, and fidelity during the period 23 March 1994 to
22 March 1997.

11.  There is no evidence of records that the applicant was awarded the
Armed Forces Expeditionary Medal or the Humanitarian Service Medal.
12.  MILPER Message Number 95-69 (with a date/time group of 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.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent
part, that the Humanitarian Service Medal is awarded to members who
distinguished themselves by meritorious direct participation in a
Department of Defense approved significant military act or operation of a
humanitarian nature.  A service member must be on active duty at the time
of direct participation, must have directly participated in the
humanitarian act or operation within the designated geographical area of
operation and within specified time limits, and must provide evidence that
substantiates direct participation.

14.  Army Regulation 600-8-22, in pertinent part, sets forth requirements
for award of the basic Parachutist Badge.  Award of the basic Parachutist
Badge requires that an individual must have satisfactorily completed the
prescribed proficiency tests while assigned or attached to an airborne unit
or the Airborne Department of the Infantry School, or have participated in
at least one combat parachute jump.

15.  Army Regulation 600-8-22 provides that the Good Conduct Medal is
awarded to individuals who distinguish themselves by their exemplary
conduct, efficiency and fidelity during a qualifying period of active duty
enlisted service.  After 27 June 1950 to the present time, the current
standard for award of the Good Conduct Medal is 3 years of qualifying
service, but as little as one year is required for the first award in those
cases when the period of service ends with the termination of Federal
military service.  Although there is no automatic entitlement to the Good
Conduct Medal, disqualification must be justified.




DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the Armed Forces
Expeditionary Medal and the Humanitarian Service Medal.

2.  The applicant contends, in effect, that he participated in Operation
Uphold Democracy in Haiti; however, the applicant has provided insufficient
documentary evidence to support this assertion.

3.  There is no evidence of records, including the historical files at the
Military Awards Branch, that show the applicant participated in Operation
Uphold Democracy in Haiti.  Therefore, there is insufficient evidence upon
which to base award of the Armed Forces Expeditionary Medal or the
Humanitarian Service Medal in this case.

4.  The applicant is entitled to the Parachutist Badge based on Permanent
Orders that were issued.  Therefore, he is entitled to correction of his
records to show award of this badge.

5.  The applicant is entitled to the first award of the Good Conduct Medal
for the period 23 March 1994 through 22 March 1997 based on Permanent
Orders that were issued.  Therefore, he is entitled to correction of his
records to show this award.

6.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 27 January 2000, the date of his
separation; therefore, the time for the applicant to file a request for
correction of any error or injustice expired on 26 January 2003.  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.

7.  Evidence shows that the applicant’s records contain administrative
errors which do not require action by the Board.  Therefore, administrative
correction of the applicant’s records will be accomplished by the Case
Management Support Division (CMSD), St. Louis, Missouri, as outlined by the
Board in paragraph 2 of the BOARD DETERMINATION/RECOMMENDATION section
below.







BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF

________  ________  ________  GRANT PARTIAL RELIEF

________  ________  ________  GRANT FORMAL HEARING

___MKP_  __REB__  ___LMB__  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.

3.  The Board determined that administrative error in the records of the
individual should be corrected.  Therefore, the Board requests that the
CMSD-St. Louis administratively correct the records of the individual
concerned to show award of the Army Good Conduct Medal (1st Award) for the
period 23 March 1994 to
22 March 1997 and award of the Parachutist Badge.




                                  ____Margaret K. Patterson____
                                            CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20040011766                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |20050825                                |
|TYPE OF DISCHARGE       |HD                                      |
|DATE OF DISCHARGE       |20000127                                |
|DISCHARGE AUTHORITY     |AR 635-200, Chapter 4                   |
|DISCHARGE REASON        |Completion of Required Active Service   |
|BOARD DECISION          |DENY                                    |
|REVIEW AUTHORITY        |Mr. Chun                                |
|ISSUES         1.       |107.0072.0000                           |
|2.                      |107.0075.0000                           |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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