IN THE CASE OF:	  .

		BOARD DATE:	         11 JUNE 2009

		DOCKET NUMBER:  AR20090004073 


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, in effect, that item 12f (foreign service) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to include his service in Nicaragua from 18 November 1998 to 20 February 1999.  He further requests that his third award of the Army Achievement Medal be included on his DD Form 214.

2.  The applicant states it was a simple mistake due to being processed for discharge at Fort Hood, Texas, and there being a large number of personnel that are processed for discharge each day.  He states that the Humanitarian Service Medal and the Joint Meritorious Unit Award are listed in item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) on his DD Form 214 and these award were acquired during the same time frame.

3.  The applicant provides a copy of a certificate which reflects his participation in Operation Fuerte Apoyo (Nicaragua) from November 1998 through February 1999; a copy of a memorandum from the Joint Staff, addressed to the Commandant, Headquarters, United States Marine Corps, dated 1 February 1999; a copy of a memorandum from Headquarters, 159th Aviation Brigade, dated 25 March 1999, awarding participants in the Hurricane Mitch Disaster Relief Operations the Humanitarian Service Medal; a copy of a Task Force Eagle lift roster; a copy of his DD Form 214; a copy of a Recommendation for Award of the Army Achievement Medal, dated 6 May 2002; a copy of a Recommendation for Award of the Army Achievement Medal (First Oak Leaf Cluster), dated 23 February 2005; and a copy of a Recommendation for Award of the Army Achievement Medal, dated 21 June 2001, 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.  On 28 August 1996, the applicant enlisted in the Regular Army in El Paso, Texas, for a period of 6 years and training as a helicopter repairer.

3.  The available records show that on 1 February 1999, the unit to which the applicant was assigned was awarded the Joint Meritorious Unit Award for exceptionally meritorious achievement from 10 November 1998 through 20 February 1999.  He was furnished a Joint Task Force Build Hope Certificate for his participation in Operation Fuerte Apoyo (Nicaragua) from November 1998 through February 1999.

4.  On 25 March 1999, his unit was awarded the Humanitarian Service Medal for participation in Hurricane Mitch Disaster Relief Operations.

5.  On 26 June 2001, Permanent Order Number 177-03 was published awarding the applicant the Army Achievement Medal for exceptionally meritorious achievement while assigned to Company A, 4th Battalion, 101st Aviation Regiment, from 31 May 2001 through 12 June 2001.

6.  On 6 May 2002, Permanent Order Number 126-01 was published awarding the applicant the Army Achievement Medal for exceptional achievement while assigned to Company A, 4th Battalion, 101st Aviation Regiment, from 1 February 2002 through 21 February 2002.

7.  On 11 May 2005, Permanent Order Number 130-01 was published awarding the applicant the Army Achievement Medal (First Oak Leaf Cluster) for exceptionally meritorious service while performing duties as a UH-60 helicopter phase team member and crew chief from 28 August 1996 through 23 February 2005.

8.  The applicant was honorably discharged on 29 May 2005 under the provisions of Army Regulation 635-200 (Personnel Separations), chapter 4, upon completion of his required service.  He had completed 8 years, 9 months, and 2 days of net active service.

9.  Item 13of the DD Form 214 that the applicant was furnished at the time of his discharge shows that he was awarded the Army Lapel Button, the Air Medal, the Army Commendation Medal (Second Award), the Army Achievement Medal (Second Award), the Joint Meritorious Unit Award, the Global War on Terrorism Expeditionary Medal, the Global War on Terrorism Service Medal, the Army Good Conduct Medal (Second Award), the National Defense Service Medal, the Humanitarian Service Medal, the Noncommissioned Officer Professional Development Ribbon, the Army Service Ribbon, the Army Aviation Badge, and the Air Assault Badge.  His third award of the Army Achievement Medal was not included on his DD Form 214.

10.  His DD Form 214 also shows that he served in support of Operation Enduring Freedom and Operation Iraqi Freedom from 30 March 2003 through 29 September 2003 (6 months) and from 13 October 2003 through 6 April 2004  (5 months and 24 days).  Item 12f of his DD Form 214 shows that he had 1 year, 3 months, and 5 days of foreign service.  His service in Nicaragua was not included in item 18 (Remarks) of his DD Form 214.

11.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for the preparation of the DD Form 214.  It states that for item 12f, from the Soldier’s official record, enter the total amount of foreign service completed during the period covered by the DD Form 214.

12.  The separation documents regulation also states that, for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that item 12f on his DD Form 214 should be corrected to include his service in Nicaragua from 18 November 1998 to 20 February 1999 and that his third award of the Army Achievement Medal be included on his DD Form 214.
2.  His contentions have been noted.  However, his contentions are only partially substantiated.  Item 12f of his DD Form 214 shows that he completed 1 year, 3 months, and 5 days of foreign service and in calculating his foreign service, it appears that his service in Nicaragua is already included in that number.  Therefore, there is no basis for amending item 12f of his DD Form 214 to include additional foreign service.

3.  However, the applicant is entitled to a third award of the Army Achievement Medal and his DD Form 214 should be corrected to include this award.

4.  Additionally, item 18 of the applicant’s DD Form 214 should be amended to reflect his dates of service in Nicaragua.

5.  In view of the foregoing, it would now be appropriate to correct the applicant’s records as recommended below.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

___X_____  ____X____  ____X____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:

	a.  deleting from item 13 of the applicant's DD Form 214 the entry Army Achievement Medal (2d award);

	b.  adding to item 13 of the applicant’s DD Form 214 the entry Army Achievement Medal (3d award); and 

	c.  adding to item 18 of the applicant’s DD Form 214 the entry "SERVICE IN NICARAGUA FROM 19981110-19990220.

2.  The Board further determined that the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to amending item 12f of his DD Form 214 to include additional foreign service.



      __________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)                                         AR20090004073



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ABCMR Record of Proceedings (cont)                                         AR20090004073



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