IN THE CASE OF:
BOARD DATE: 22 April 2010
DOCKET NUMBER: AR20090016627
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 Humanitarian Service Medal. He also requests that item 18 (Remarks) be corrected to show Haiti as an imminent danger pay area for the period 24 September to 19 October 1994.
2. The applicant states, in effect, the Humanitarian Service Medal is not shown on his DD Form 214 and Haiti is not shown as an imminent danger pay area.
3. The applicant provides, in support of his request, copies of his DD Form 214, a DA Form 638 (Recommendation for Award) the Army Achievement Medal that is already shown on his DD Form 214, and Part II of his DA Form 2-1 (Personnel Qualification Record).
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 served on active duty in the Regular Army from 25 November 1992 to 20 December 1999. He was discharged due to disability with severance pay. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) lists his awards as the Army Lapel Button, Army Achievement Medal with 2nd Oak Leaf Cluster, Army Good Conduct Medal (2nd Award), Armed Forces Expeditionary Medal, Army Service Ribbon, Overseas Service Ribbon and the Marksman Marksmanship Qualification Badge with Rifle Bar.
3. His DA Form 2-1 Part II shows in:
a. item 9 (Awards, Decorations, Campaigns) the National Defense Service Medal, Army Service Medal, Armed Forces Expeditionary Medal, Army Achievement Medal with 1st Oak Leaf Cluster, Overseas Service Medal and the Marksman Marksmanship Qualification Badge with Rifle Bar; and
b. item 27 (Remarks) "duty in imminent danger pay area" Haiti 19940924-19941119."
4. 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.
5. Table C-1 of Army Regulation 600-8-22 lists the locations, events and dates for which the Humanitarian Service Medal has been authorized. It includes Operation Uphold/Restore Democracy in Haiti from 10 September 1994 to
31 March 1995.
6. Army Regulation 635-5 (Separation Documents), effective 15 September 2000, provides the guidance for completion of separation documents. This includes item by item instructions for the DD Form 214. It provides that item 18 will contain the following entry for active duty Soldiers: "SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD)."
DISCUSSION AND CONCLUSIONS:
1. The applicant states, in effect, that the Humanitarian Service Medal and Imminent Danger Pay Area for Haiti should be shown on his DD Form 214.
2. The Humanitarian Service Medal is authorized for the period in question. The applicant should be authorized this award.
3. There was no requirement to enter imminent danger/hostile fire pay areas on the DD Form 214. However, the practice was codified into the regulation shortly after the applicant's discharge that requires recording deployments.
4. Therefore, it would be appropriate to enter "SERVICE IN HAITI FROM 19940924-19941119" in item 18 of the applicant's DD Form 214.
5. In view of the foregoing findings and conclusions, it would be appropriate to correct the applicants records as recommended below.
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 Humanitarian Service Medal in item 9 of his DD Form 214; and
b. adding, "SERVICE IN HAITI FROM 19940924-19941119" in 18 of 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) AR20090016627
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