IN THE CASE OF:	  

	BOARD DATE:	  8 July 2008

	DOCKET NUMBER:  AR20080005253 


THE BOARD CONSIDERED THE FOLLOWING EVIDENCE:

1.  Application for correction of military records (with supporting documents provided, if any).

2.  Military Personnel Records and advisory opinions (if any).


THE APPLICANT'S REQUEST, STATEMENT, AND EVIDENCE:

1.  The applicant requests award of the Armed Forces Expeditionary Medal.

2.  The applicant states that he served in Haiti in support of Operation Uphold Democracy from September 1994 to October 1994. 

3.  The applicant provides a copy of his DD Form 214 (Certificate of Release or Discharge from Active Duty), dated 26 January 2000; and a copy of DA Form 638 (Recommendation For Award), dated 4 May 1995, showing he was awarded the Army Achievement Medal, in support of his application.

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 records show that he enlisted in the Regular Army for a period of 6 years on 27 January 1994.  He completed basic combat and advanced individual training and was awarded military occupational specialty (MOS) 67T (UH-60 Helicopter Repairman).  The highest rank/grade he attained during his military service was sergeant (SGT)/E-5.  He was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Reinforcement) on 26 January 2000.

3.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows he was awarded the Army Commendation Medal (2nd Award), the Army Achievement Medal (2nd Award), the Army Good Conduct Medal, the National Defense Service Medal, the Noncommissioned Officer Professional Development Ribbon with Numeral 2, the Army Service Ribbon, the Overseas Service Ribbon, the Aircraft Crewman Badge, the Marksman Marksmanship Qualification Badge with Rifle Bar, and the Driver and Mechanic Badge with Driver-W Bar.  Item 13 does not show award of the Armed Forces Expeditionary Medal. 

4.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's DA Form     2-1 (Personnel Qualification Record) does not show award of the Armed Forces Expeditionary Medal. 

5.  Item 35 (Record of Assignments) of the applicant's DA Form 2-1 shows he was assigned to the 3rd Battalion, 229th Aviation, Fort Bragg, North Carolina, from 25 July 1994 to 14 July 1995; and the 23rd Aviation Detachment, Fort Wainwright, Alaska, from 10 August 1995 to 10 July 1998.  Item 35 does not show any service in Haiti.

6.  Item 12f (Foreign Service) of the applicant's DD Form 214, dated 26 January 2000, shows he completed 2 years, 11 months, and 7 days of foreign service.  

7.  Item 8 (Remarks) of this DD Form 214 does not show service in Haiti or in any area authorized the payment of Imminent Danger Pay.

8.  The applicant submitted a copy of DA Form 638, dated 4 May 1995, that shows he was awarded the Army Achievement Medal for meritorious service as a UH-60 crew chief in the 3rd Battalion, 229th Attack Helicopter Regiment, from 19 August 1994 to 1 July 1995.  

9.  Achievement Number 3 of the applicant's DA Form 638 shows that "[the Applicant] was selected to deploy and later deployed with the 82nd Aviation Brigade in support of the recent pre-empted Operation Uphold Democracy as a combat crew chief." 
11.  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 participation in Panama in support of Operation Just Cause from 20 December 1989 through 31 January 1990.

12.  Military Personnel (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.  The 82d Aviation Brigade was officially activated on 15 January 1987, consolidating all of the 82nd Airborne Division's aviation assets under the brigade colors.  The organization of the Brigade was once again modified to meet the needs of the Division.  A Company and B Company became the 135th and 183rd Assault Helicopter Companies respectively.  C Company (General Support) became part of the HHC Command and Control element.  The Brigade HHC was constituted from the old Battalion HHC.  D Company (Attack) formed the nucleus of the 20th Attack Helicopter Battalion and was later redesignated the 1st Battalion (Attack), 82nd Aviation Regiment.  F Company (AVIM) was expanded to become the 33rd Aviation Maintenance Company (AMC) and, soon afterward, D Company (DAMC), 82nd Aviation Brigade.  In May 1987, a provisional 2nd Battalion was created, bringing the 135th and 183rd Assault Helicopter Companies into the new organization as A Company and B Company. C Company, 2nd Battalion was formed from the general support assets at HHC, Brigade.  On 14 September 1989, the 2nd Battalion, 82nd Aviation Regiment was formally activated. 

14.  In November 1989, the 82d Aviation Brigade deployed to Panama for Operation Just Cause.  In August 1990, the Aviation Brigade formed a portion of the initial deployment force from the 82d Airborne Division deployed to Saudi Arabia as the early arriving US Forces for Operation Desert Shield, flying border 
patrol and related missions immediately upon arrival.  During February and March of 1991, the Brigade launched deep attacks into Iraq and participated with other Division elements in the liberation of Kuwait in Operation Desert Storm.  In November 1994, the 82d Aviation Brigade deployed to Haiti for operation Uphold Democracy.  In April 1997, B Company, 2nd Battalion (Assault), 82d Aviation Regiment deployed to Bosnia in support of Operation Joint Guard. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant's award of the Army Achievement Medal shows that he was selected to deploy and later deployed with the 82nd Aviation Brigade in support of Operation Uphold Democracy as a combat crew chief.  However, there is no indication of the duration of his service in Haiti or the type of service or support that he provided during Operation Uphold Democracy.  Furthermore, there is no indication in the applicant's records that he was assigned or attached to a unit that was awarded the Armed Forces Expeditionary Medal.  

2.  In the absence of conclusive evidence that the applicant was a bona fide member in a unit that was engaged in the operation or served in the area of operations for 30 days, was engaged in direct support of the operation for a period of 30 consecutive or 60 nonconsecutive days provided support involved entering the area of operations, was engaged in combat, participated as a member of an aircraft flying in support of the operation, or was recommended or attached to a unit recommended for award of the medal if the above criteria have not been met, there is insufficient evidence to grant the applicant relief in this case.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

__xxx___  __xxx___  __xxx___  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.


								XXX
	_______________________
      	CHAIRPERSON
      
I certify that herein is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in this case.

ABCMR Record of Proceedings (cont)                                         AR20080005253



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ABCMR Record of Proceedings (cont)                                         AR20080005253



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