BOARD DATE:	  February 23, 2010

		DOCKET NUMBER:  AR20090016202 


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 that her DD Form 214 (Certificate of Release or Discharge from Active Duty) be corrected to show her foreign service tour and the Armed Forces Expeditionary Medal (AFEM).  

2.  The applicant states, in effect, that her DD Form 214 should show her foreign service tour for Operation Uphold Democracy in Haiti and award of the AFEM for this period of service.

3.  The applicant provides a copy of her DD Form 214, dated 4 September 1995, and a copy of a Department of the Army (DA) Certificate of Achievement for Operation Uphold Democracy.

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 enlisted in the U.S. Army Reserve Delayed Entry Program on 22 June 1993.  She then enlisted in the Regular Army on 3 September 1993 with a 5-year service commitment.  She successfully completed basic and advanced individual training.  She was awarded military occupational specialty 97B (Counter-Intelligence Analyst).  The highest rank she attained while serving on active duty was specialist/pay grade E-4.

3.  On 4 September 1995, the applicant was honorably released from active duty and transferred to the U.S. Army Reserve Control Group (Annual Training) to complete her military service obligation.  Her records show that she completed 2 years and 2 days of active service and that she was released prior to completing her service commitment.

4.  Item 12f (Foreign Service) of the applicant's DD Form 214 does not show that she served overseas in a foreign country.

5.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant's DD Form 214 shows the following awards:  the Army Achievement Medal, the Army Lapel Button, the National Defense Service Medal, and the Army Service Ribbon. 

6.  Item 18 (Remarks) of the applicant's DD Form 214 does not contain an entry that shows her period(s) or location(s) of deployment.

7.  The Defense Finance and Accounting System (DFAS) maintains financial records of all Soldiers pay and allowances during their periods of service.  The DFAS computerized system shows the applicant received hostile fire pay in an imminent danger pay zone from 19 January 1995 to 8 February 1995 due to service in Haiti.

8.  In support of her application, the applicant provided a copy of a DA Certificate of Achievement presented to her for service as a member of the Force Protection Team for Operation Uphold Democracy during the period 19 January to 8 February 1995.

9.  Army Regulation 600-8-22 (Military Awards) provides for award of the AFEM for participation in Operation Uphold Democracy in Haiti from 16 September 1994 to 31 March 1995.  Eligibility for award of the AFEM is to those U.S. military forces that participated in, or directly supported Operation Uphold Democracy within the specified area of operations.  Qualifying service for this award includes the requirements to be a bona fide member in a unit and to be engaged in the operation or serve in the area of operations for 30 days, be engaged in direct support of the operation for a period of 30 consecutive or 60 nonconsecutive days provided support involves entering the area of operations, be engaged in combat, participate as a member of an aircraft flying in support of the operation, or be recommended or attached to a unit recommended for award of the medal if the above criteria have not been met.

10.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  In pertinent part, it directs that foreign service performed during the period covered in item 12c (Net Active Service This Period) of the DD Form 214 will be entered in item 12f.  In item 18, show the name of the country deployed to and the inclusive dates in YYYY/MM/DD format for active duty Soldiers deployed to a foreign country with their unit during their continuous period of active service 

DISCUSSION AND CONCLUSIONS:

1.  Based on the applicant's documented deployment in support of Operation Uphold Democracy, she is entitled to correction of her record to show foreign service in Haiti from 19 January to 8 February 1995 which equals a period of 21 days.  In addition, item 18 of her DD Form 214 should be corrected to show service in Haiti by adding the entry "HAITI 1995/01/19 TO 1995/02/08."

2.  While Operation Uphold Democracy is an operation that would qualify a Soldier for award of the AFEM, the applicant's length of service in Haiti was 
21 days.  The AFEM requires a minimum length of service of 30 days.  Therefore, the applicant is not entitled to award of the AFEM.

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 making the following amendments to her DD Form 214 with a separation date of 4 September 1995:
	a.  deleting the entry in item 12f and adding "00 years, 00 months, 21 days"; and 

	b.  adding to item 18 "HAITI:  1995/01/19 TO 1995/02/08."

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 AFEM.  




      _______ _   __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)                                         AR20090016202



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ABCMR Record of Proceedings (cont)                                         AR20090016202



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