RECORD OF PROCEEDINGS


      IN THE CASE OF:


      BOARD DATE:        5 April 2007
      DOCKET NUMBER:  AR20060013755


      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. Gerard W. Schwartz            |     |Acting Director      |
|     |Ms. Loretta D. Gulley             |     |Analyst              |

      The following members, a quorum, were present:

|     |Ms. Linda D. Simmons              |     |Chairperson          |
|     |Mr. Jeffrey C. Redmann            |     |Member               |
|     |Mr. Scott W. Faught               |     |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, in effect, that he be awarded the Armed Forces
Expeditionary Medal (AFEM) and the Humanitarian Service Medal (HSM).

2.  The applicant states, in effect, that he is eligible for award of the
AFEM and the HSM for his participation in Operation Uphold Democracy in
Haiti.

3.  The applicant provided a copy of a MILPER Message, subject:
Termination Date for the Armed Forces Expeditionary Medal-Haiti.

CONSIDERATION OF EVIDENCE:

1.  The applicant is requesting correction of an alleged error which
occurred on
2 December 1995 the date of separation from active duty.  The application
submitted in this case is dated 24 August 2006.

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 limitations 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's record shows that he enlisted in the Regular Army on
3 December 1992.  He completed basic combat training and advanced
individual training and was awarded the military occupational specialty
(MOS) 11B (Infantryman).  The highest rank he attained while serving on
active duty was Corporal (E-4).

4.  The applicant's Personnel Qualification Record (DA Form 2-1) shows that
he served in Haiti from 12 September 1994 through 13 December 1994, and
that during his Haitian tour he was assigned to the 1st Battalion, 87th
Infantry Regiment, performing duties in MOS 11B, Infantryman.

5.  On 2 December 1995, the applicant was released from the Active Army
after honorably service for a total of 3 years.  The DD Form 214 (Armed
Forces of the United States Report Of Transfer Or Discharge) he was issued
shows that he earned the Army Achievement Medal (4th Award), the National
Defense Service Medal, the Armed Forces Expeditionary Medal, the
Noncommissioned Officer’s Professional Development Ribbon, the Army Service
Ribbon, the Overseas Service Ribbon, the Parachutist Badge, and the Expert
Marksmanship Qualification Badge with Rifle Bar.

6.  The Department of the Army certificate the applicant was issued shows
that he was awarded the Army Achievement Medal on 13 April 1995, for
meritorious service during Operation Restore/Uphold Democracy in Port-Au-
Prince, Haiti from 12 September 1994 to 16 January 1995.

7.  Item 13 (Decorations, Medal, Badges, Citations, and Campaign Ribbons
Awarded or Authorized) of the applicant’s DD Form 214 shows that he was
awarded the Armed Forces Expeditionary Medal.

8.  MILPER Message Number 95-69, dated 28 December 1994, shows the
beginning and ending periods for award of the Armed Forces Expeditionary
Medal for Operation Uphold Democracy Haiti.

9.  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.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that he is entitled to award of the AFEM and the
HSM.

2.  Records show that the applicant was awarded the AFEM and it is shown on
his separation documents.  Therefore, no correction is required to his
records.

3.  Evidence shows that the applicant participated in Operation
Restore/Uphold Democracy during his service in Haiti. Therefore, he is
entitled to correction of his record to show award of the HSM.

4.  Records show the applicant should have discovered the alleged error or
injustice now under consideration on 2 December 1995; therefore, the time
for the applicant to file a request for correction of any error or
injustice expired on
1 December 1998.  The applicant did not file within the 3-year statute of
limitations; however, based on the available (evidence or argument), it
would be in the interest of justice to excuse failure to timely file in
this case.

BOARD VOTE:

___LDS_  ___JCR__  ___SWF_  GRANT FULL 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 showing award of the HSM.




                            ____Linda D. Simmons______
                                      CHAIRPERSON



                                    INDEX

|CASE ID                 |AR20060013755                           |
|SUFFIX                  |                                        |
|RECON                   |YYYYMMDD                                |
|DATE BOARDED            |2007/04/05                              |
|TYPE OF DISCHARGE       |(HD, GD, UOTHC, UD, BCD, DD, UNCHAR)    |
|DATE OF DISCHARGE       |YYYYMMDD                                |
|DISCHARGE AUTHORITY     |AR . . . . .                            |
|DISCHARGE REASON        |                                        |
|BOARD DECISION          |GRANT                                   |
|REVIEW AUTHORITY        |MR. SCHWARTZ                            |
|ISSUES         1.       |                                        |
|2.                      |                                        |
|3.                      |                                        |
|4.                      |                                        |
|5.                      |                                        |
|6.                      |                                        |


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