IN THE CASE OF:
BOARD DATE: 6 August 2009
DOCKET NUMBER: AR20090004511
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 correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal. He also requests that his DD Form 214 be corrected to show he completed the Unit Armorer Course and the Basic Training Program in Radar Speed Measurement Course.
2. The applicant states that the items were unintentionally left off his DD Form 214.
3. The applicant provides two certificates of training and a memorandum for award of the Armed Forces Expeditionary Medal, dated 5 January 1995, 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 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 enlisted in the Regular Army on 11 June 1992 and served as a military policeman. He was released from active duty on 10 June 1997 and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his remaining service obligation.
3. The applicant's DD Form 214 does not show the Armed Forces Expeditionary Medal as an authorized award. Item 14 (Military Education) on his DD Form 214 shows he completed the 9-week Law Enforcement Course in October 1992.
4. The applicant provided a certificate of training which shows he completed the 80-hour Unit Armorer Course during the period 2 May 1994 to 13 May 1994.
5. The applicant provided a memorandum, dated 5 January 1995, for award of the Armed Forces Expeditionary Medal for Operation Uphold Democracy (Haiti) and a list of eligible deployed Soldiers. The applicant's name is shown on the list. Orders show the applicant received the Army Achievement Medal for meritorious achievement while serving as a member of the 108th Military Police Company during Operation Uphold Democracy during the period 23 September 1994 to 16 November 1994.
6. The applicant provided a certificate of training which shows he completed the 40-hour Basic Training Program in Radar Speed Measurement Course during the period 31 October 1995 to 3 November 1995.
7. 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 Operation Uphold Democracy in Haiti from 16 September 1994 to 31 March 1995.
8. Army Regulation 635-5 establishes the standardized policy for preparing and distributing the DD Form 214. The regulation provides that item 14 will list formal in-service (full-time attendance) training courses successfully completed during the period of service covered by title, length in weeks, and year completed.
DISCUSSION AND CONCLUSIONS:
1. Orders show the applicant received the Army Achievement Medal for meritorious achievement during Operation Uphold Democracy during the period 23 September 1994 to 16 November 1994. Therefore, the memorandum provided by the applicant which shows he was awarded the Armed Forces Expeditionary Medal for participation in Operation Uphold Democracy is accepted as sufficient evidence on which to amend his DD Form 214 to show the Armed Forces Expeditionary Medal.
2. Evidence of record shows the applicant successfully completed the 80-hour
(2 weeks) Unit Armorer Course in 1994 and the 40-hour (1 week) Basic Training Program in Radar Speed Measurement Course in 1995. Therefore, it would be appropriate to correct item 14 on his DD Form 214 to show these courses.
BOARD VOTE:
____X__ ___X____ ___X____ 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. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by:
a. adding the Armed Forces Expeditionary Medal on his DD Form 214; and
b. adding the entries, "Unit Armorer Course, 2 weeks, 1994" and "Basic Training Program in Radar Speed Measurement Course, 1 week, 1995" in item 14 on his DD Form 214.
_______ _ _X______ ___
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) AR20090004511
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ABCMR Record of Proceedings (cont) AR20090004511
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