IN THE CASE OF:	

		BOARD DATE:	  3 December 2009

		DOCKET NUMBER:  AR20090015429 


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 13 (Decorations, Medals, Badges, Commendations, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected by adding the Armed Forces Expeditionary Medal (AFEM), Humanitarian Service Medal (HSM), and Armed Forces Service Medal (AFSM).

2.  The applicant states, in effect, that he deployed to Haiti in support of Operation Uphold Democracy in November 1994.  He claims he served there until April 1995.  He further claims that his unit remained in Haiti and upon returning from the deployment, unit members were awarded the AFEM, HSM, and AFSM.  

3.  The applicant concludes by stating that his record and DD Form 214 should be corrected to show the awards he earned in support of Operation Uphold Democracy in Haiti. 

4.  The applicant provides the eight attachments identified in his application in support of his 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 that he enlisted in the Regular Army and entered active duty on 7 October 1992.  He was trained in, awarded, and served in military occupational specialty 54B (Chemical Operations Specialist).

3.  The applicant's Official Military Personnel File (OMPF) contains a DA Form 2166-7 (Noncommissioned Officer (NCO) Evaluation Report (NCOER)) that covered the period December 1994 through April 2005.  Part III(d) (Duty Description/Area of Special Emphasis) contains the entry "Deployment to Operation Uphold Democracy."  This document does not identify the specific period the applicant was deployed for the operation and there are no other documents on file in his OMPF that document this deployed service. 

4.  The applicant's OMPF is void of any orders or other documents that indicate he was ever recommended for, authorized, or awarded the AFEM, HSM, or AFSM.  

5.  On 8 August 1996, the applicant was honorably released from active duty (REFRAD) in the rank of sergeant.  The DD Form 214 he was issued at the time shows he completed 3 years, 10 months, and 2 days of active military service.

6.  Item 13 of the applicant's DD Form 214 shows he earned the following awards during her tenure on active duty:  Army Good Conduct Medal (AGCM), Army Superior Unit Award (ASUA), National Defense Service Medal (NDSM), NCO Professional Development Ribbon (NCOPDR), Army Service Ribbon (ASR), Overseas Service Ribbon (OSR), Expert Marksmanship Qualification Badge with Rifle Bar, Parachutist Badge, and Bronze German Armed Forces Efficiency Badge.

7.  A review of the applicant's Defense Finance and Accounting Service (DFAS) military pay record shows he received imminent danger pay/hostile fire pay for service in Haiti from 14 December 1994 through 6 January 1995.

8.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards.  Paragraph 2-12 contains guidance on award of the AFEM and states, in pertinent part, that it may be authorized to members who participate in specific identified U.S. military operations, U.S. operations in direct support of the United Nations (UN), or U.S. operations of assistance for friendly foreign nations for 30 consecutive or 60 nonconsecutive days.  Table 2-2 of the regulation identifies designated U.S. military operations in that qualify for award of the AFEM, which includes operations in Haiti in Operation Uphold Democracy during the period between 16 September 1994 and 31 March 1995.

9.  Paragraph 2-21 of the awards regulation contains guidance on award of the AFSM.  It states, in pertinent part, that in order to be eligible for this award a member must have been a member of a unit participating in or engaged in direct support of an authorized operation for 30 consecutive days in the area of operations (or for the full period when an operation is less than 30 days duration) or for 60 consecutive days provided this support involves entering the area of operations or meet the following criteria: 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 action.  The AFSM is authorized for service in Haiti during the period 
from 1 April 1995 to 31 January 2000.

10.  Paragraph 2-22 of the awards regulation provides guidance on award of the HSM and states, in pertinent part, that in order to qualify for this award, a member must have directly participated in a Department of Defense approved humanitarian act or operation within the designated geographical area of operation and within specified time limits.  Appendix C provides a list of all Department of Defense approved HSM operations and it shows that it is authorized for service in Haiti in support of Operation Uphold/Restore Democracy from 10 September 1994 to 31 March 1995.


DISCUSSION AND CONCLUSIONS:

1.  The applicant's contention that the HSM should be added to his record and item 13 of his DD Form 214 was carefully considered and found to have merit.  The evidence of record confirms the applicant served in Haiti in support of Operation Uphold Democracy for 24 days from 14 December 1994 through 
6 January 1995, as evidence by the DFAS pay record.  As a result, it would be appropriate to add this award to his record and DD Form 214 at this time.  

2.  The applicant's contention that the AFEM and AFSM should also be added to his record and DD Form 214 was also carefully considered.  However, by regulation, to qualify for either of these awards, a member must serve in a qualifying operation for 30 consecutive or 60 non-consecutive days during the qualifying period.  

3.  The evidence of record fails to include any documents to corroborate the applicant's claim that he served in Haiti from November 1994 to April 1995.  The DFAS record only confirms that he received HFP/IDP for service in Haiti from 14 December 1994 to 6 January 1995.  There is no evidence to show the applicant completed 30 consecutive days or 60 nonconsecutive days in Haiti, which is necessary to support award of the AFEM and/or AFSM, which also requires the service be performed beginning on or after 1 April 1995.  Therefore, there is an insufficient evidentiary basis to support adding either of these awards to his record or DD Form 214. 

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 adding the HSM to his record and to item 13 of his DD Form 214 and by providing him a correction to his DD Form 214 that includes this change. 

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 adding the AFEM and AFSM to his record and 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)                                         AR20090015429



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ABCMR Record of Proceedings (cont)                                         AR20090015429



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