IN THE CASE OF:
BOARD DATE: 29 April 2010
DOCKET NUMBER: AR20100010283
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 reconsideration of an earlier request for the Armed Forces Expeditionary Medal (AFEM).
2. The applicant states:
* his initial request for the AFEM was denied based upon his failure to provide proof of serving 30 consecutive or 60 nonconsecutive days in Haiti
* he consulted his G-1 and Human Resources Command who informed him despite DFAS [Defense Finance and Accounting Service] records showing he only served 24 days in country he is still eligible for the AFEM because he was a bona fide member of a unit participating in the operation (Operation Uphold Democracy)
* his assignment to the 3rd Special Forces Group and deployment to Haiti was validated in his initial review
* Military Personnel (MILPER) Message Number 95-69 and the governing awards regulation state service members must be bona fide members of a unit participating in OR be engaged in direct support of the operation for 30 consecutive days
* he was a member of a unit engaged in the operation and he does not have to meet the deployment time frame to qualify for the medal
3. The applicant provides:
* MILPER Message Number 95-69
* an excerpt from Army Regulation 600-8-22 (Military Awards) pertaining to the AFEM
CONSIDERATION OF EVIDENCE:
1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20090015429, on 3 December 2009.
2. The applicant's contention he is eligible for the AFEM because he was a bona fide member of a unit participating in Operation Uphold Democracy in Haiti and he does not have to meet the deployment time frame to qualify for the medal is a new argument which will be considered by the Board.
3. The applicant enlisted in the Regular Army on 7 October 1992. He served as a chemical operations specialist. On 8 August 1996, he was honorably released from active duty.
4. The applicant's DD Form 214 does not show the AFEM as an authorized award.
5. The applicant's Official Military Personnel File (OMPF) contains a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) 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."
6. A review of the applicant's DFAS military pay record shows he received hostile fire/imminent danger pay (HF/IDP) for service in Haiti from 14 December 1994 through 6 January 1995.
7. Army Regulation 600-8-22 states the AFEM is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period. An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations. Qualifying service for this award includes participation in Operation Uphold Democracy in Haiti during the period
16 September 1994 through 31 March 1995.
8. Subsequent clarification with the proponent of Army Regulation 600-8-22 indicated that 30 consecutive days in the area of operations is required whether the member was a bona fide member of a unit participating in the operation OR whether he engaged in direct support of the operation.
DISCUSSION AND CONCLUSIONS:
1. The applicant contends he is eligible for the AFEM because he was a bona fide member of a unit participating in Operation Uphold Democracy in Haiti and he does not have to meet the deployment time frame to qualify for the medal.
2. Evidence of record shows the applicant participated in Operation Uphold Democracy in Haiti during the period 14 December 1994 through 6 January 1995. The governing regulation states 30 consecutive days in the area of operations is required whether the member was a bona fide member of a unit participating in the operation OR whether he engaged in direct support of the operation. Therefore, there is insufficient evidence in which to base award of the AFEM in this case.
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 to amend the decision of the ABCMR set forth in Docket Number AR20090015429, dated 3 December 2009.
___________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) AR20100010283
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ABCMR Record of Proceedings (cont) AR20100010283
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