IN THE CASE OF:
BOARD DATE: 19 May 2010
DOCKET NUMBER: AR20090020094
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 any awards to which he is entitled for participation in support of Operation Uphold Democracy in Haiti.
2. The applicant states the following:
* He was there in 1994 or 1995 but not long enough to receive any awards
* He did the time and wants credit for it
* He was at Port au Prince and wants the awards that were given
3. The applicant provides no additional documents in support of his application.
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 enlisted in the Regular Army on 18 March 1994 and was discharged on 29 March 1996. His 29 March 1996 DD Form 214 shows the National Defense Service Medal, the Army Service Medal, and the Sharpshooter Marksmanship Qualification Badge with Rifle Bar as authorized awards.
3. Item 12f (Foreign Service) and item 18 (Remarks) on his 29 March 1996 DD Form 214 does not show any foreign service.
4. The applicant subsequently served in the Army National Guard and the Regular Army.
5. The applicants service record does not show he served in support of Operation Uphold Democracy in Haiti.
6. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations. Qualifying service for this award includes participation in Operation Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he participated in Operation Uphold Democracy in Haiti sometime in 1994 or 1995 and did not receive any credit for this time. However, the applicants service record does not support his claims.
2. The applicants service record does not contain orders, certificates, or any other evidence available which indicates he served in support of Operation Uphold Democracy in Haiti. Therefore, there is insufficient evidence on which to base correction of his records to show any additional awards.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
__X____ ____X___ ___X____ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20090020094
3
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ABCMR Record of Proceedings (cont) AR20090020094
2
ARMY BOARD FOR CORRECTION OF MILITARY RECORDS
RECORD OF PROCEEDINGS
1
ARMY | BCMR | CY2011 | 20110015641
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show in: * block 12f (Foreign Service) he served 6 months and 22 days of foreign service * block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the addition of the Armed Forces Expeditionary Medal (AFEM) and the Humanitarian Service Medal (HSM) 2. He has remained on active duty and he is currently serving as a Regular Army major. However,...
ARMY | BCMR | CY2014 | 20140003119
The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty), for the period ending 13 June 1996, to show: a. he was awarded the Humanitarian Service Medal (HSM) and Armed Forces Expeditionary Medal (AFEM); and b. his deployment to Haiti in support of Operation Uphold Democracy. The applicant provides: * DD Form 214, for the period ending 13 June 1996 * LESs, for the period 1 September 1994 to 31 December 1994 * HSM by-name listing * ARCOM...
ARMY | BCMR | CY2009 | 20090015429
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. 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, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the...
ARMY | BCMR | CY2003 | 2003084364C070212
APPLICANT REQUESTS: Correction of his records to show award of the Armed Forces Expeditionary Medal and the Korean Defense Service Medal. Review of this glossary shows that, during the period of his assignment at Fort Bragg, 5 March 1993 through 25 February 1995, the Armed Forces Expeditionary Medal was authorized for participants in Operation Uphold Democracy in Haiti from 16 September 1994 to 31 March 1995. The evidence of record shows the applicant served on active duty during the...
ARMY | BCMR | CY2010 | 20100027615
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show the Armed Forces Expeditionary Medal (AFEM) for service in Haiti in support of Operation Uphold Democracy. 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...
ARMY | BCMR | CY2010 | 20100015116
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his records to show his participation in Operations Uphold/Restore Democracy in 1994. Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly...
ARMY | BCMR | CY2011 | 20110002334
Application for correction of military records (with supporting documents provided, if any). The applicant requests correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show: * he served in Haiti in support of Operation Uphold Democracy * award of the Armed Forces Expeditionary Medal (AFEM) for service in both Haiti and Bosnia 2. He submitted the following documents in support of his deployment to Bosnia in support of Operation Joint Guard: a. DD Form...
ARMY | BCMR | CY2013 | 20130005373
His DD Form 214 does not show the AFSM. Table 2-5 (AFSM Designated U.S. Military Operations) shows the AFSM is authorized for service members who participated in the following operations in Haiti during the period 1 April 1995 to 31 January 2000: (1) United Nations Mission in Haiti; (2) U.S. _______ _ 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.
ARMY | BCMR | CY2010 | 20100014055
Application for correction of military records (with supporting documents provided, if any). The applicant provided a memorandum for award of the AFEM for Operation Uphold Democracy (Haiti), dated 5 January 1995, and a list of eligible deployed Soldiers. As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding the AFEM and HSM to her DD Form 214.
ARMY | BCMR | CY2009 | 20090016202
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. 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. Based on the applicant's documented deployment in support of Operation Uphold Democracy, she is entitled to correction of her record to show...