IN THE CASE OF:	  

		BOARD DATE:	   27 January 2011

		DOCKET NUMBER:  AR20100017886


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 missing awards from his service in Operation Uphold Democracy, specifically the second award of the Humanitarian Service Medal (HSM) and the Armed Forces Service Medal (AFSM).

2.  The applicant states, in effect, he deployed to Haiti in September, 1994 with Headquarters and Headquarters Company, 27th Engineer Battalion,
20th Engineer Brigade.  He states his DD Form 214 does not show his service in Operation Uphold Democracy, to include awards and citations that were given to those who deployed in support of the campaign.  He states he was released from active duty prior to the award orders being issued.  He has tried countless times to get the documentation from his previous unit at Fort Bragg, NC, but the records are no longer available at the unit.

3.  The applicant provides no additional documentary evidence.

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's record shows he enlisted in the Regular Army on 28 July 1988.  He completed training and he was awarded military occupational specialty 51B (Carpentry and Masonry Specialist). The highest rank/grade he attained while serving on active duty was sergeant (SGT)/E-5.

3.  Records show he was assigned to Company A, 94th Engineer Battalion, in Darmstadt, Germany, from January 1989 to October 1991.  He deployed with his unit to Southwest Asia in support of Operation Provide Comfort from 21 May to 16 June 1991.

4.  Records show he was assigned to Headquarters and Headquarters Company, 27th Engineer Battalion, 20th Engineer Brigade, at Fort Bragg, NC, from October 1991 to September 1995.  He deployed with his unit to Haiti in support of Operation Uphold Democracy from 23 September to 5 November 1994.

5.  He was honorably discharged on 23 September 1995 to attend school.  His DD Form 214 shows he completed 7 years, 1 month, and 26 days of net active service during this period of active duty, including 2 years, 8 months, and
13 days of foreign service.

6.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 23 September 1995 shows several awards, among them the HSM, Armed Forces Expeditionary Medal, and the Southwest Asia Service Medal.

7.  There is insufficient evidence in the available records to identify for which operation he was awarded the HSM.

8.  There is no documentation in the available records showing he was previously awarded the AFSM. 

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the HSM 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.  Table C-1, lists the approved operations, dates, and locations for which the HSM has been authorized.  It includes the following operations:

* Combined Joint Task Force for Operation Provide Comfort (first increment), 5 April to 14 June 1991, Northern Iraq and Turkey
* Joint Task Force 180, 190, and Multinational Force Haiti for Operation Uphold/Restore Democracy, 10 September 1994 to 31 March 1995, Haiti

10.  Army Regulation 600-8-22 (Military Awards) states the AFSM may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility.  The AFSM will be awarded only for operations for which no other U. S. campaign or service medal is approved.  With regard to operations in Haiti, the AFSM is authorized to U.S. military participants in the following operations in Haiti:  (1) United Nations Mission in Haiti (UNMIH); (2) U.S. Forces Haiti (USFORHAITI); and (3) U.S. Support Group Haiti (USSPTGR-HAITI), from 1 April 1995 to 31 January 2000.  Because the AFSM may be awarded for a prolonged humanitarian operation, distinction between the AFSM and the HSM must be maintained.  The following rules apply:

	a.  The HSM is an individual U.S. service medal, presented to individuals who are physically present at the site of immediate relief and who directly contribute to and influence the humanitarian action.  The HSM is only awarded for service during the identified “period of immediate relief”; eligibility for the HSM terminates once (if) the humanitarian action evolves into an “established ongoing operation beyond the initial emergency condition.”

	b.  The AFSM is a theater award, authorized for presentation to all participants who meet the eligibility requirements established for a designated operation.

	c.  For operations in which all deployed participants are awarded the HSM and for which the “period of immediate relief” coincides with the duration of significant deployed operations, award of the AFSM is not authorized.

	d.  Humanitarian operations for which some (or all) participants are awarded the HSM, which continue beyond the “period of immediate relief,” may be recognized by award of the AFSM.  The AFSM may be awarded for the entire period of the operation; individuals awarded the HSM for direct participation during the “period of immediate relief” are also eligible for the AFSM if awarded.

11.  Army Regulation 635-5 (Separation Documents) provides, in pertinent part, the guidance for completion of separation documents.  This includes item by item instructions for the preparation of the DD Form 214.  It provides that item 18 (Remarks) 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's request for correction of his DD Form 214, to show missing awards from his service in Operation Uphold Democracy, has been carefully considered; however, there is insufficient evidence to support his request.

2.  The applicant's DD Form 214 shows a single award of the HSM.  He participated in two operations that possibly could have qualified him for award of the HSM.  However, there is insufficient information to substantiate if the HSM was awarded for his participation in Operation Provide Comfort or Operation Uphold Democracy.  Therefore, barring evidence to show for which operation he was awarded the one HSM and evidence showing he met the criteria for award of the HSM for the other operation, there is an insufficient basis for correcting his DD Form 214 to show a second award.

3.  Army Regulations state the AFSM will be awarded only for operations for which no other U. S. campaign or service medal is approved.  With regard to operations in Haiti, the AFSM is authorized to U.S. military members who serve in participation of operations, during the period 1 April 1995 to 31 January 2000.  The evidence shows he served in Haiti from 26 September 1994 to 5 November 1994; therefore, his service is outside the approved timeframe for award and he is not entitled to correction of his DD Form 214 to show this award.

4.  The applicant's contention that his participation in Operation Uphold Democracy was not reflected on his DD Form 214 has been carefully considered and found to have merit.  The evidence of record shows he served in Operation Uphold Democracy; therefore, he is entitled to correction of his DD Form 214 to show participation in this operation.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ____X____  ___X_____  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

1.  The Board determined that the evidence presented was sufficient to warrant a recommendation for partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by adding to item 18 of his DD Form 214 the entry "SERVICE IN HAITI FROM 19940926 - 19941105."

2.  The Board further determined the evidence presented is insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to correcting the applicant's DD Form 214 to show the:

* Humanitarian Service Medal (1st Oak Leaf Cluster)
* Armed Forces Service Medal



      ____________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)                                         AR20090013121



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ABCMR Record of Proceedings (cont)                                         AR20100017886



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