RECORD OF PROCEEDINGS
IN THE CASE OF:
BOARD DATE: 18 March 2008
DOCKET NUMBER: AR20070016399
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
Mrs. Nancy L. Amos
Analyst
The following members, a quorum, were present:
Mr. Richard T. Dunbar
Chairperson
Mr. Gerald J. Purcell
Member
Ms. Rea M. Nuppenau
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 the Humanitarian Service Medal, the United Nations Medal, and the Armed Forces Expeditionary Medal be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty).
2. The applicant states that he was assigned to Company B, 3d Battalion, 15th Infantry at Fort Stewart, GA and was in Haiti from 15 September 1994 to
31 March 1995 in support of Operation UPHOLD DEMOCRACY. He was separated on 17 August 1996, and the approval for the three awards for their unit was issued after the date he separated.
3. The applicant provides his DD Form 214.
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. The applicant requested correction of his DD Form 214 to add award of the Humanitarian Service Medal and the United Nations Medal. There is no evidence showing the applicant met the eligibility criteria for these awards. Army Regulation 600-8-22 (Military Awards) provides an administrative remedy for requesting these two awards. The applicant has been notified by separate correspondence of the procedures for applying for these awards and, as a result, they will not be discussed further in this Record of Proceedings.
3. Most of the applicants Regular Army records are not available.
4. The applicant enlisted in the Regular Army on 7 October 1993. He was honorably released from active duty on 16 August 1996 and transferred to the U. S. Army Reserve. The available evidence of record does not show he served in Haiti. His DD Form 214 does not show award of the Armed Forces Expeditionary Medal.
5. Army Regulation 600-8-22 provides for award of the Armed Forces Expeditionary Medal to participants in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have participated in operations or in direct support of operations for 30 consecutive or 60 nonconsecutive days. The Armed Forces Expeditionary Medal may be authorized for three categories of operations: (1) U. S. military operations; (2) U. S. operations in direct support of the United Nations; and (3) U. S. operations of assistance for friendly foreign nations. Table 2-2 identifies Haiti Operation UPHOLD DEMOCRACY as a designated U. S. Military Operation.
DISCUSSION AND CONCLUSIONS:
Most of the applicants Regular Army records are not available. There is no evidence of record and the applicant provided no evidence to show he served in Haiti during Operation UPHOLD DEMOCRACY. Therefore, at this time there is insufficient evidence that would warrant showing he was awarded the Armed Forces Expeditionary Medal for participating in this operation.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__rtd___ __gjp___ __rmn___ 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 T. Dunbar___
CHAIRPERSON
INDEX
CASE ID
AR20070016399
SUFFIX
RECON
DATE BOARDED
YYYYMMDD
TYPE OF DISCHARGE
DATE OF DISCHARGE
DISCHARGE AUTHORITY
DISCHARGE REASON
BOARD DECISION
(NC, GRANT , DENY, GRANT PLUS)
REVIEW AUTHORITY
ISSUES 1.
107.0072
2.
3.
4.
5.
6.
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