IN THE CASE OF:	  

		BOARD DATE:	  10 May 2011  

		DOCKET NUMBER:  AR20100026793 


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 Separation from Active Duty) to show her:

* service in Haiti from 23 September to 10 December 1994
* awards of the Army Good Conduct Medal, Armed Forces Expeditionary Medal, and Driver and Mechanic Badge with Mechanic Bar

2.  The applicant states her DD Form 214 does not list her deployments and/or her awards.

3.  The applicant provides her DD Form 214, a memorandum verifying her service in Haiti, and a certificate showing award of the Army Good Conduct Medal.

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 enlisted in the Regular Army on 4 December 1992 and held military occupational specialty 63W (Wheel Vehicle Repairer).  The highest rank/grade she attained during her military service was specialist (SPC)/E-4.  She was assigned to Fort Drum, NY.

3.  Permanent Orders 60-08 issued by Headquarters, 710th Main Support Battalion (MSB), Fort Drum, NY, dated 25 May 1994, awarded her the Mechanics Badge [sic] for service from 18 May 1993 to 19 May 1994.

4.  Permanent Order Number 23-07, issued by Headquarters, 710th MSB, Fort Drum, NY, dated 8 March 1995, awarded her the Army Achievement Medal for achievement from 23 September 1994 to 27 November 1994 while deployed to Haiti in support of Operation Uphold Democracy.

5.  She was honorably released from active duty on 28 November 1995 and she was transferred to the U.S. Army Reserve Control Group to complete her remaining service obligation.  Her DD Form 214 shows she completed 2 years, 11 months, and 25 days of creditable active military service.  This form also shows in:

	a.  item 12f (Foreign Service) the entry "0000  00  00";

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the Army Commendation Medal, Army Achievement Medal (2nd Award), National Defense Service Medal, Army Service Ribbon, Expert Marksmanship Qualification Badge with Rifle Bar, and Driver and Mechanic Badge with Driver-W Bar; and

	c.  item 18 (Remarks) no entry for her service in Haiti.

6.  Item 5 (Overseas Service) of the applicant's DA Form 2-1 (Personnel Qualification Record) does not list any service in Haiti.  Item 9 (Awards, Decorations, and Campaigns) of this form shows the entry "MECH-BAD."

7.  She provides:

* memorandum issued by Headquarters, 710th MSB, Fort Drum, NY, dated 2 February 1995, certifying her service in Haiti from 23 September to 10 December 1994 in support of Operation Uphold Democracy
* Army Good Conduct Medal Certificate issued by the Commander, Company B, 710th MSB, awarding her the Army Good Conduct Medal for exemplary behavior, efficiency, and fidelity in active Federal military service from 4 December 1992 to 3 December 1995

8.  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.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier's records.  The "Remarks" block of the DD Form 214 is used for mandatory requirements when a separate block is not available.  For an active duty Soldier deployed with his or her unit during their continuous period of active service, enter the statement "SERVICE IN (Name of County Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."

9.  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 for Operation Uphold Democracy from 16 September 1994 to 31 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  The evidence of record shows the applicant completed 2 months and 18 days of foreign service in Haiti from 23 September to 10 December 1994.  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 entitles her to award of the Armed Forces Expeditionary Medal and correction of her DD Form 214 to show this award.

3.  Permanent orders awarded her the Driver and Mechanic Badge with Mechanic Bar which is not shown on her DD Form 214.  Therefore, she is entitled to correction of her DD Form 214 to show this badge.

4.  She served on active duty from 4 December 1992 through 28 November 1995, completing nearly 3 years of creditable active service.  Although her record is void of the official orders that awarded her the Army Good Conduct Medal, she provides an Army Good Conduct Medal Certificate authenticated by her company commander certifying this award.  Therefore, she is entitled to correction of her DD Form 214 to show this award.

BOARD VOTE:

___X____  ___X____  ___X____  GRANT FULL RELIEF 

________  ________  ________  GRANT PARTIAL RELIEF 

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

BOARD DETERMINATION/RECOMMENDATION:

The Board determined the evidence presented is 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:

* deleting the entry "0000  00  00" from item 12f of her DD Form 214 and adding the entry "0000  02  18"
* adding award of the Army Good Conduct Medal (1st Award), Armed Forces Expeditionary Medal (Haiti), and Driver and Mechanic Badge with Mechanic Bar to item 13 of her DD Form 214
* adding the entry "SERVICE IN HAITI FROM 19940923-19941210" to item 18 of 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)                                         AR20100026793



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ABCMR Record of Proceedings (cont)                                         AR20100026793



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