BOARD DATE:	  3 November 2009

		DOCKET NUMBER:  AR20090010515 


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, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Army Commendation Medal, Army Achievement Medal, Armed Forces Expeditionary Medal, Joint Meritorious Unit Award (JMUA), Humanitarian Service Medal, and the Air Assault Badge.  

2.  The applicant states, in effect, that his DD Form 214 does not show these awards. 

3.  The applicant provides, in support of his application, copies of his DD Form 214; recommendations for award of the Army Commendation Medal and the Army Achievement Medal; orders for award of the Air Assault Badge; two 
DA Forms 4187 (Personnel Action) reporting his promotion to specialist, pay grade E-4 and his lateral appointment to corporal; a letter from the National Personnel Records Center, with enclosure; DFAS Form 702 (Defense Finance and Accounting Service Military Leave and Earnings Statement); memorandum announcing approval of the Humanitarian Service Medal for Operation Uphold Democracy, with list of Soldiers names; message authorizing award of the Armed Forces Expeditionary Medal for participation in Operation Uphold Democracy; Joint Staff Permanent Order announcing award of the JMUA for Operation Uphold Democracy; memorandum announcing approval of the JMUA, dated 
20 March 1996, with citation; and orders awarding the applicant the Good Conduct Medal. 


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 2 September 1993, the applicant enlisted in the Regular Army.  He completed his initial training and was awarded military occupational specialty (MOS) 11B (Infantryman).   He was subsequently assigned to the 25th Infantry Division, located in Hawaii.

3.  Permanent Orders A156-129, 25th Infantry Division, dated 6 June 1995, awarded the applicant the Air Assault Badge.

4.  A DA Form 4187, dated 13 October 1995, shows the applicant was promoted to specialist with an effective date and date of rank of 1 November 1995.

5.  A memorandum, 2nd Brigade, 25th Infantry Division, dated 26 March 1996, with a list of Soldiers names, shows the applicant was authorized permanent award of the Humanitarian Service Medal for his participation in Operation Uphold Democracy during the period from 13 January to June 1995.

6.  Joint Staff Permanent Order Number J-ISO-0006-96, dated 22 January 1996, awarded the JMUA for exceptionally meritorious achievement to Headquarters, Combined Joint Task Force 190, Operation Uphold Democracy, from 
11 September 1994 to 14 January 1995.

7.  The applicant provided the front page of two DA Forms 638 (Recommendation for Award).  The DA Form 638, dated 5 May 1997, recommended him for award of the Army Commendation Medal.  The DA Form 638, dated 7 May 1997, recommended him for award of the Army Achievement Medal.  Each recommendation has unique periods of service and justifications. The back sides of the forms are not available for review.  There is no available evidence showing what final action was taken on these two recommendations.
8.  Army Regulation 600-8-22 (Military Awards), provides, in pertinent part, that the Armed Forces Expeditionary Medal is authorized for 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.  Operation Uphold Democracy is a qualifying operation for award of this medal.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends, in effect, that his DD Form 214 should be corrected to show award of the Army Commendation Medal, Army Achievement Medal, Armed Forces Expeditionary Medal, Joint Meritorious Unit Award, Humanitarian Service Medal, and the Air Assault Badge.  

2.  The available evidence shows the applicant was recommended for award of the Army Commendation Medal and the Army Achievement Medal.  However, it does not show approval of either of these awards.  Should the applicant have or be able to obtain complete copies of the DA Forms 638 or other documentation showing that these awards were approved, he may submit another application for consideration.

3.  The available evidence shows the applicant participated in a qualifying period of service for award of the Armed Forces Expeditionary Medal, JMUA, and the Humanitarian Service Medal.  Therefore, his records should be corrected to show these awards.

4.  Permanent orders show the applicant was awarded the Air Assault Badge.  Therefore, his records should be corrected to show this award.

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 showing that in addition to the awards shown on his DD Form 214 his authorized awards include the Armed Forces Expeditionary Medal, Humanitarian Service Medal, JMUA and the Air Assault Badge.

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 award of the Army Commendation Medal and the Army Achievement Medal.  




        _______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)                                         AR20090010515



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ABCMR Record of Proceedings (cont)                                         AR20090010515



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