IN THE CASE OF:	  

		BOARD DATE:	  5 May 2011

		DOCKET NUMBER:  AR20100026431 


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 award of two Army Commendation Medals, the Humanitarian Service Medal, and Armed Forces Expeditionary Medal.

2.  The applicant states the awards were omitted from his DD Form 214 when he was separated from active duty.

3.  The applicant provides copies of his Army Commendation Medal and Humanitarian Service Medal award documents, an article on the Armed Forces Expeditionary Medal, and his 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 and entered active duty in the Regular Army (RA) on
30 June 1992.  Upon completion of training he was awarded military occupational specialty 77F (Petroleum Supply Specialist).  He reenlisted in the RA for a period of 3 years on 21 July 1994.

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in
item 9 (Awards, Decorations and Campaigns) the Army Service Ribbon, Army Achievement Medal, National Defense Service Medal, Army Good Conduct Medal (1st Award), and Sharpshooter Marksmanship Qualification Badge with Rifle (M-16) Bar.

4.  The applicant's DD Form 214 shows he entered active duty this period on
30 June 1992, he was honorably released from active duty on 20 July 1997, and transferred to the U.S. Army Reserve Control Group (Reinforcement) to complete his Reserve obligation.

   a.  He had completed 5 years and 21 days of net active service this period.

   b.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) shows the Army Lapel Button, Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Army Service Ribbon, and Sharpshooter Marksmanship Qualification Badge with Rifle Bar.

5.  In support of his application, the applicant provides the following documents:

   a.  DA Form 638 (Recommendation for Award) and DA Form 4980-14 (Army Commendation Medal Certificate) that show Headquarters, 28th Combat Support Hospital [Haiti], Permanent Order Number 031-201, dated 4 January 1995, awarded the applicant the Army Commendation Medal for meritorious achievement while deployed to Haiti in support of Operation Uphold Democracy - Joint Task Force 180/190 and the Multi-National Force from 23 September 1994 to 26 January 1995.

   b.  DA Form 638 and DA Form 4980-14 that show Headquarters,
55th Medical Group, Fort Bragg, NC, Permanent Order Number 156-01, dated
5 June 1997, awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) for meritorious service while assigned as a petroleum distribution specialist for the 28th Combat Support Hospital from 11 December 1992 to
9 June 1997.

   c.  Headquarters, 55th Medical Group, Fort Bragg, NC, memorandum, dated 6 February 1995, Subject:  Recommendation for the Humanitarian Service Medal, with Headquarters, XVIII Airborne Corps and Fort Bragg, Fort Bragg, NC, 2nd endorsement that show the applicant's name is listed as a recipient of the Humanitarian Service Medal for his service in support of Operation Uphold Democracy in the Republic of Haiti while assigned to the 28th Combat Support Hospital, 44th Medical Brigade, from 25 September 1994 to 19 January 1995.

   d.  U.S. Department of Defense article, dated 22 December 1994, "General Shalikashvili Approves Armed Forces Expeditionary Medal for Operation Uphold Democracy" that shows the service medal will be awarded to all personnel who served in, or directly supported, Operation Uphold Democracy.

6.  A review of the applicant's military personnel records reveals he may be authorized an additional award that is not shown on his DD Form 214.
   
7.  Headquarters, 28th Combat Support Hospital, Fort Bragg, NC, Permanent Orders 54-05, dated 22 February 1996, awarded the applicant the Driver and Mechanic Badge for duty as a driver or assistant driver of Army vehicles from
23 October 1994 to 23 October 1995.

8.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.

	a.  The Humanitarian Service Medal 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.

	    (1)  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.

	    (2)  Table C-1 of Army Regulation 600-8-22 shows Joint Task Force 180, Joint Task Force 190, and the Multi-National Force Operation Uphold/Restore Democracy - Haiti (10 September 1994 to 31 March 1995) was approved by the Department of Defense and Department of the Army as qualifying for award of the Humanitarian Service Medal.

	b.  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.

		(1)  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 days in the area of operations (or for the full period when an operation is less than
30 days duration) or 60 nonconsecutive days provided this support involved entering the area of operations.

		(2)  Table 2-2 (Armed Forces Expeditionary Medal - Designated U.S. Military Operations) shows the Armed Forces Expeditionary Medal was authorized for service in Haiti - Operation Uphold Democracy from 16 September 1994 to 31 March 1995.

9.  Army Regulation 635-5 (Personnel Separations - Separation Documents), in effect at the time of the applicant's separation from active duty, states to list awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records; do not use abbreviations.

DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show his authorized awards and decorations.

2.  Records show:

   a.  permanent orders awarded the applicant the Army Commendation Medal during the period from 23 September 1994 to 26 January 1995;
   
   b.  permanent orders awarded the applicant the Army Commendation Medal (1st Oak Leaf Cluster) during the period from 11 December 1992 to 9 June 1997;

   c.  the applicant served a qualifying period for award of the Armed Forces Expeditionary Medal for his service in direct support of Operation Uphold Democracy in the Republic of Haiti;

   d.  the applicant was authorized the Humanitarian Service Medal for his direct participation in Operation Uphold Democracy in the Republic of Haiti; and

   e.  permanent orders awarded the applicant the Driver and Mechanic Badge for wheeled vehicles [with "W" component bar].


3.  In view of the foregoing, it would be appropriate to correct the applicant's
DD Form 214 to show his authorized awards and decorations, as recommended below.

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 to item 13 of his DD Form 214 the:

* Army Commendation Medal (2nd Award)
* Armed Forces Expeditionary Medal
* Humanitarian Service Medal
* Driver and Mechanic Badge with "W" Bar




      _______ _   _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)                                         AR20100026431



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ABCMR Record of Proceedings (cont)                                         AR20100026431



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