IN THE CASE OF:
BOARD DATE: 23 November 2010
DOCKET NUMBER: AR20100014055
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 her DD Form 214 (Certificate of Release or Discharge from Active Duty) to show award of the Armed Forces Expeditionary Medal (AFEM) and the Humanitarian Service Medal (HSM).
2. The applicant states the medals were not added to her DD Form 214 upon discharge because she did not have the approved documentation.
3. The applicant provides:
* memorandum for award of the AFEM, dated 5 January 1995
* documentation for award of the HSM, dated February 1995
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 Regular Army on 8 May 1992. She trained as a petroleum supply specialist and was released from active duty on 14 April 1995.
3. The applicant's DD Form 214 does not show the AFEM or HSM as authorized awards.
4. 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. The applicant's name is shown on the list.
5. The applicant also provided documentation, dated February 1995, which shows a recommendation for the HSM for Operations Restore/Uphold Democracy was approved. A list of eligible Soldiers was attached and the applicant's name is shown on the list.
6. Army Regulation 600-8-22 (Military Awards) provides for award of the AFEM 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 from 16 September 1994 to 31 March 1995.
7. Army Regulation 600-8-22 states the HSM is awarded to members who, after 1 April 1975, 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. Table C-1 of Army Regulation 600-8-22 shows Operations Uphold/
Restore Democracy (10 September 1994 to 31 March 1995 in Haiti) were approved by the Department of Defense as qualifying for award of the HSM.
DISCUSSION AND CONCLUSIONS:
The documentation provided by the applicant which shows she was awarded the AFEM for participation in Operation Uphold Democracy (Haiti) and the HSM for Operations Restore/Uphold Democracy are accepted as sufficient evidence on which to amend her DD Form 214 to show the AFEM and HSM.
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 adding the AFEM and HSM to her 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) AR20100014055
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