BOARD DATE:	  14 January 2010

		DOCKET NUMBER:  AR20090013121 


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 his third Army Commendation Medal, the Humanitarian Service Medal, and the Armed Forces Service Medal.

2.  The applicant states, in effect, that his DD Form 214 had already been prepared and he was on transition leave at the time his Army Commendation Medal (3rd Award) was approved.  He also states that the Humanitarian Service Medal and the Armed Forces Service Medal were not approved for service in Haiti in support of Operation Uphold Democracy until after he was discharged from the Army.

3.  The applicant provides a copy of his DD Form 214, two DA Forms 638-1 (Recommendation for Award of Army Achievement Medal, Army Commendation Medal, and Meritorious Service Medal), deployment orders, and redeployment orders as documentary evidence in support of this request.

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 record shows he enlisted in the Regular Army and entered active duty on 25 July 1990.  He completed basic combat training and advanced individual training (AIT).  Upon completion of AIT he was awarded military occupational specialty 97B (Counterintelligence Agent).  The highest rank he attained while serving on active duty was the rank of sergeant/pay grade E-5.

3.  The applicant's record contains a DA Form 638-1, initiated on 1 April 1991, which shows he was awarded the Army Commendation Medal (1st Award) for meritorious achievement during the period 3 February 1991 to 1 April 1991 by the authority of Headquarters, 513th Military Intelligence Brigade, Permanent Order Number 14-62, dated 4 April 1991.

4.  The applicant's record contains a DA Form 638-1, initiated on 9 June 1992, which shows he was awarded the Army Commendation Medal (2nd Award) for meritorious service during the period 22 April 1991 to 31 July 1992 by the authority of Headquarters, 902d Military Intelligence Group, Permanent Order Number 31-3, dated 29 June 1992.

5.  The applicant provides Headquarters, 25th Infantry Division (Light), Schofield Barracks, Hawaii, Permanent Orders 214-24, dated 20 December 1994, which show he was to deploy as a member of his unit from Schofield Barracks, Hawaii, to Haiti in support of Operation Uphold Democracy on or about 3 January 1995.

6.  The applicant's record contains (and he also provides) a DA Form 638-1, initiated on 15 March 1995, which shows he was awarded the Army Achievement Medal for exceptional performance while providing direct support to 2nd Brigade, 25th Infantry Division (Light) and Multi-National Force, Haiti, as part of Operation Uphold Democracy in Haiti during the period 8 January 1995 to 7 April 1995 by the authority of Headquarters and Headquarters Service, 125th Military Intelligence Battalion, Permanent Order Number 116-02, dated 5 June 1995.

7.  The applicant provides 556th Personnel Service Company (Forward), 25th Infantry Division (Light), Permanent Orders 007-001, dated 18 March 1995, which show he was to redeploy as a member of his unit from Haiti to Schofield Barracks, Hawaii, upon completion of their deployment in support of Operation Uphold Democracy on 8 April 1995.

8.  The applicant provides a DA Form 638-1, initiated on 3 May 1995, which shows he was awarded the Army Commendation Medal (3rd Award) upon the expiration of his term of service for commendable service during the period 10 August 1992 to 24 July 1995 by the authority of Division Support Command, 25th Infantry Division (Light), Permanent Order Number 53-04, dated 13 July 1995.

9.  Item 5 (Oversea Service) of the applicant's DA Form 2-1 (Personnel Qualification Record - Part II) shows he served in Haiti during the period 8 January 1995 through 2 April 1995.

10.  Item 9 (Awards, Decorations, and Campaigns) of the applicant's 
DA Form 2-1 does not show award of the Army Commendation Medal (3rd Award), the Humanitarian Service Medal, or the Armed Forces Service Medal.

11.  Item 27 (Remarks) of the applicant's DA Form 2-1 shows he performed duty in a designated imminent danger pay area (Haiti) during the period 8 January 1995 through 2 April 1995.

12.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 does not show award of the Army Commendation Medal (3rd Award), the Humanitarian Service Medal, or the Armed Forces Service Medal.

13.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.  Table C-1 of Army Regulation 600-8-22 shows that Operation Uphold Democracy (10 September 1994 through 31 March 1995 in Haiti) was approved by the Department of Defense as qualifying for award of the Humanitarian Service Medal.

14.  Department of Defense 1348.33-M (Manual of Military Decorations and Awards) provides, in pertinent part, that the Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate or have participated as members of U.S. military units in a U.S. military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility or meet one or more of the following criteria:  (1) be engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility or (2) participate as a regularly assigned crew member of an aircraft flying into, out of, within, or over the area of eligibility in support of the operation.  Army Personnel Command Message 98-015 authorized award of the Armed Forces Service Medal to U.S. military participants in the following operations in Haiti:  United Nations Mission in Haiti, U.S. Forces Haiti, or U.S. Support Group Haiti from 1 April 1995 to 31 January 2000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that his records should be corrected to show the Army Commendation Medal (3rd Award), the Humanitarian Service Medal, and the Armed Forces Service Medal was carefully considered and determined to have merit.

2.  Permanent orders awarded the applicant the Army Commendation Medal (3rd Award).  Therefore, he is entitled to correction of his records to show this award.

3.  The evidence shows the applicant served a qualifying period of service for award of the Humanitarian Service Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

4.  The evidence shows the applicant served a qualifying period of service for award of the Armed Forces Service Medal.  Therefore, the applicant is entitled to correction of his record to show this service medal.

BOARD VOTE:

________  ________  ________  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 Army Commendation Medal (3rd Award), the Humanitarian Service Medal, and the Armed Forces Service Medal to item 13 of his DD Form 214; and

	b.  providing him a document to reflect these changes.



      _________________________
                 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)                                         AR20090013121





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ABCMR Record of Proceedings (cont)                                         AR20090013121



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