BOARD DATE:	  30 November 2010

		DOCKET NUMBER:  AR20100015116 


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 records to show his participation in Operations Uphold/Restore Democracy in 1994.

2.  The applicant states the following:

	a.  He submitted a Standard Form 813 (Verification of a Military Retiree's Service in NonWartime Campaigns or Expeditions) and was asked to provide documentation to prove his participation in Operation Uphold/Restore Democracy in 1994.

	b.  He sent a copy of an approved DA Form 638 (Recommendation for Award) for a Meritorious Service Medal that clearly states in block 20 (Achievement #2) that "He led the way as the forward deployed JSOACC J-4 during Operation Uphold Democracy."

	c.  He was also awarded the Armed Forces Expeditionary Medal for this campaign and the Armed Forces Expeditionary Medal is listed on his DD Form 214 (Certificate of Release or Discharge from Active Duty).

3.  The applicant provides the following documents in support of his application:

* email from the Defense Logistics Agency, Human Resources Center-New Cumberland
* letter from the National Personnel Records Center
* Standard Form 813
* DA Form 638
* DD Form 214

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 29 June 1977 and continued to serve until he retired from active duty on 30 June 1997.

3.  His service record contains an award certificate, dated 20 March 1995, which shows he was awarded the Army Commendation Medal for meritorious achievement as the Battalion Key Logistical Planner during Operation 
Uphold Democracy from 16 September 1994 to 24 October 1994.

4.  His service record also contains a DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period July 1994 through December 1994 which shows he performed duties during Operations Restore/Uphold Democracy.

5.  Item 12f (Foreign Service) of his DD Form 214 shows he completed 5 years, 10 months, and 18 days of foreign service during the period 29 June 1977 through 30 June 1997.

6.  His DD Form 214 shows award of the Armed Forces Expeditionary Medal.

7.  His DA Form 638, dated 23 September 1997, shows he was awarded the Meritorious Service Medal for the period 29 June 1987 to 28 June 1997.  His second achievement listed in block 20 states, "SFC C____ demonstrated outstanding technical and tactical proficiency in every mission he undertook.  He led the way as the forward deployed JSOACC J-4 during Operation 
Uphold Democracy and as Battalion Logistics NCOIC and as Battalion Task Force S4 NCOIC during a JRTC rotation."

8.  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.

9.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation, prescribed the separation documents that must be prepared for Soldiers upon retirement, discharge, or release from active duty service or control of the Active Army.  It established standardized policy for preparing and distributing the DD Form 214.  Section 2-1 provided instructions for preparation of the DD Form 214.  Specifically, it stated that in the Remarks section of the DD Form 214, the following statement would be added for a Reserve Soldier ordered to active duty and deployed to a foreign country:  "ORDERED TO ACTIVE DUTY IN SUPPORT OF (OPERATION NAME) PER 10 U.S.C. (applicable section)."  The regulation did not show a requirement to enter this information on the DD Form 214 for Regular Army Soldiers.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's receipt of the Armed Forces Expeditionary Medal; DA Form 638, dated 23 September 1997; DA Form 2166-7 for the period July 1994 through December 1994; and Army Commendation Medal Certificate, dated 20 March 1995; all corroborate the fact he deployed to Haiti in support of Operation Uphold Democracy.

2.  Although Army Regulation 635-5 prescribes that the Remarks section of a DD Form 214 for a Reserve Soldier ordered to active duty and deployed to a foreign country will include a statement to that effect, the regulation in effect at the time did not show a requirement to enter this information on the DD Form 214 for Regular Army Soldiers.  Therefore, the applicant's DD Form 214 as it pertains to his service in Haiti in support of Operations Uphold/Restore Democracy is properly constituted and there is no justification for further amendment.

3.  Although there is no regulatory provision for modifying the applicant's DD Form 214, this Record of Proceedings can serve as proof that the applicant served in Haiti in support of Operations Uphold/Restore Democracy.



BOARD VOTE:

___x_____  ___x_____  ____x__  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  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)                                         AR20100015116



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ABCMR Record of Proceedings (cont)                                         AR20100015116



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