RECORD OF PROCEEDINGS


	IN THE CASE OF:	  


	BOARD DATE:	  27 September 2007
	DOCKET NUMBER:  AR20070006609 


	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.


Ms. Catherine C. Mitrano

Director

Ms. Jeanne Marie Rowan

Analyst

The following members, a quorum, were present:


Mr. Richard Dunbar

Chairperson

Mr. Chester Damian

Member

Mr. Edward Montgomery

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 (AFEM) for his participation in Operation UPHOLD DEMOCRACY as a member of Joint Task Force 180 (Haiti).  He further requests his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to reflect award of the AFEM.

2.  The applicant states, in pertinent part, that he participated in Operation UPHOLD DEMOCRACY in Haiti in October 1994 and that he did not receive the AFEM for his service in a designated military operation. 

3.  The applicant provides copies of his DD Form 214, DD Form 1610 (Request and Authorization for TDY Travel of DOD Personnel) authenticated on 6 October 1994, DA Form 7301-R (Officer Service Computation for Retirement), and a copy of an Operation UPHOLD DEMOCRACY certificate of achievement.

CONSIDERATION OF EVIDENCE:

1.  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 also allows the Army Board for Correction of Military Records (ABCMR) to excuse an applicant’s failure to timely file within the 3-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so.  While it appears the applicant did not file within the time frame provided in the statute of limitations, the ABCMR has elected to conduct a substantive review of this case and, only to the extent relief, if any, is granted, has determined it is in the interest of justice to excuse the applicant’s failure to timely file.  In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.

2.  The applicant's military personnel records show that he entered active duty in the Army Reserve on 28 August 1970.  He was honorably discharged from active duty on 27 February 1971.  He enlisted in the Regular Army on 7 October 1980 and remained on active duty through continuous enlistments until he was honorably discharged on 1 June 1989.  He was immediately ordered to an Active Guard Reserve (AGR) tour as a warrant officer.  He entered active duty on 2 June 1989 and retired in the rank of Chief Warrant Officer 2 on 31 March 1997.

3.  The applicant's DD Form 214 with an effective date of 31 March 1997 does not show award of the AFEM.  The applicant's record shows a DD Form 215 (Correction to DD Form 214, Certificate of Release or Discharge from Active Duty), dated 29 October 1999, with the entry to add to Item 13 the "Armed Forces Expeditionary Medal/Armed Forces Service Medal."  The applicant was awarded these two awards for his service in Bosnia-Herzegovina in support of Operation Joint Endeavor. 

4.  The applicant provided a copy of his official and authenticated TDY travel orders, dated 6 October 1994, which shows he was authorized travel from Hunter Air Force Base, Georgia to Naval Air Station Key West, Florida for a period of 3 days in support of the Key West deployment.  This form shows he was assigned to 224th Military Intelligence Battalion.

5.  The applicant also provided a copy of a certificate of achievement, dated 22 May 1995, which shows he was a participant in Joint Task Force 180 (Haiti) Operation UPHOLD DEMOCRACY.  This certificate of achievement does not contain the dates that the applicant participated in the operation.  

6.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for 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 for friendly foreign nations.  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 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.  

7.  Table 2-2 of Army Regulation 600-8-22 lists designated U.S. military operations and the dates of eligibility for award of the Armed Forces Expeditionary Medal.  Operation UPHOLD DECOCRACY in Haiti is among the designated military operations and the dates of eligibility are from 16 September 1994 to 31 March 1995.

DISCUSSION AND CONCLUSIONS:

The applicant contends that he should receive the AFEM for his service in Operation UPHOLD DECOMCRACY in Haiti.  Regulatory guidance clearly shows that the Haiti Operation UPHOLD DEMOCRACY is designated a U.S. military operation which is authorized the AFEM.  However, records do not show the applicant was engaged in this operation or served in this area of operations for 30 consecutive days or 60 nonconsecutive days.  The applicant has not provided sufficient or compelling evidence that he physically was engaged in Operation UPHOLD DEMOCRACY for the minimum required number of days; therefore, the applicant is not entitled to the AFEM for this Operation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__RD ___  __CD ___  __EM ___  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

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.




_____Richard Dunbar________
          CHAIRPERSON




INDEX

CASE ID
AR20070006609
SUFFIX

RECON
YYYYMMDD
DATE BOARDED
20070927
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.
107.0000
2.

3.

4.

5.

6.