IN THE CASE OF:	  

		BOARD DATE:	  12 April 2011

		DOCKET NUMBER:  AR20100024228 


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 the:

* Armed Forces Expeditionary Medal (Haiti)
* Two awards of the Army Achievement Medal
* Army Commendation Medal
* Parachutist Badge
* Her service in Haiti in support of Operation Uphold Democracy

2.  The applicant states:

* she served in Haiti in support of Operation Uphold Democracy but this service is not listed on her DD Form 214
* she deployed with the 364th Supply Company, 264th Corps Support Battalion, out of Fort Bragg, NC, from 21 September 1995 to 10 November 1995
* She received the Armed Forces Expeditionary Medal as a result of this deployment
* She also received two awards of the Army Achievement Medal and the Army Commendation Medal

3.  The applicant provides her DD Form 214, DA Form 2-1 (Personnel Qualification Record), memorandum for award of the Armed Forces Expeditionary Medal, and DA Form 67-8 (U.S. Army Officer Evaluation Report).

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 records show she was appointed as a Regular Army commissioned officer in the rank of second lieutenant and executed an oath of office on 30 May 1992.  She was assigned to the 284th Corps Support Battalion, Fort Bragg, NC. 

3.  On 31 January 1995, by memorandum, her battalion commander certified she was eligible for award of the Armed Forces Expeditionary Medal (Haiti) after having served in Haiti effective 20 September 1994. 

4.  Headquarters, 530th Supply and Service Battalion, Fort Bragg, NC, Permanent Orders 10-7, dated 30 April 1994, awarded her the Army Achievement Medal for meritorious service.

5.  She was honorably discharged on 31 January 1995 for miscellaneous reasons.  Her DD Form 214 shows she completed 2 years, 7 months, and 1 day of creditable active service.  This form also shows in:

	a.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) - the Army Service Ribbon, National Defense Service Medal, and Army Achievement Medal (1st Oak Leaf Cluster).  

	b.  item 12f (Foreign Service) - "0000  00  00."

	c.  item 18 (Remarks) - no service in Haiti.

6.  Headquarters, 264th Combat Support Battalion, Fort Bragg, NC, Permanent Orders 24-17, dated 28 April 1995, awarded her the Army Commendation Medal for service from 25 September 1994 to 10 November 1994 in support of Operation Uphold Democracy.
7.  Item 8 (Overseas Service) of her DA Form 2-1 (Personnel Qualification Record) shows she served in Haiti from 21 September 1994 to 10 November 1994.  Additionally, item 9 (Awards, Decorations, and Campaigns) shows in addition to the above awards the Parachutist Badge and the Armed Forces Expeditionary Medal.

8.  An email, dated 11 February 2011, from the Defense Finance and Accounting Service confirmed the applicant received hazardous fire/imminent danger pay (HF/IDP) from 1 September 1994 to 30 November 1994 for service in Haiti.

9.  A telephonic conversation, dated 25 March 2011, with the Chief, Academic Records, U.S. Army Airborne School, Fort Benning, GA, confirmed the applicant attended and successfully completed the Basic Airborne Course, Number 32-90, from 1 June 1990 through 22 June 1990, as a cadet.

10.  Army Regulation 600-8-22 (Military Awards) states the Armed Forces Expeditionary Medal 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 Haiti - Operation Uphold Democracy from 16 September 1994 to 31 March 1995.

11.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty and will be prepared for all personnel at the time of retirement, discharge, or release from active duty.  Chapter 2 states that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (Name of Country Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" will be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends she completed 1 month and 21 days of foreign service in Haiti from 21 September to 10 November 1995.  This period of service is consistent with the entry on her DA Form 2-1 and her pay records.  Therefore, she is entitled to correction of her DD Form 214 to show this foreign service and deployment.  

2.  Additionally, this period of service in Haiti entitled her to award of the Armed Forces Expeditionary Medal and correction of her DD Form 214 to show this award.

3.  The applicant was previously awarded two awards of the Army Achievement Medal.  Both are shown on her DD Form 214 and will therefore not be discussed further 

4.  She was previously awarded the Parachutist Badge and the Army Commendation Medal neither of which is shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show both awards.

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:

	a.  deleting from item 12f of her DD Form 214 the entry "0000  00  00" and adding the entry "0000  01  21"; 

	b.  adding to item 13 of her DD Form 214 the Armed Forces Expeditionary Medal (Haiti), Parachutist Badge, and Army Commendation; and 

	c.  adding to item 18 of her DD Form 214 the entry "SERVICE IN HAITI FROM 19950921 - 19951110."


      _______ _   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)                                         AR20100024228



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ABCMR Record of Proceedings (cont)                                         AR20100024228



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