IN THE CASE OF:
BOARD DATE: 17 May 2011
DOCKET NUMBER: AR20100027615
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 the Armed Forces Expeditionary Medal (AFEM) for service in Haiti in support of Operation Uphold Democracy.
2. The applicant states he reached the expiration of his term of service prior to the AFEM being awarded or presented; therefore, it was omitted from his DD Form 214.
3. The applicant provides:
* DD Form 214
* Certificate of Achievement, 3rd Brigade, 25th Infantry Division, dated 30 March 1995
* Certificate of Participation, Operation Uphold Democracy, Combined Joint Task Force, undated
* Military Personnel (MILPER) Message Number 95-69, dated 28 December 1994, subject: Award of the AFEM for Operation Uphold Democracy Haiti
* MILPER Message (un-numbered), dated 17 May 1995, subject: Termination Date for the AFEM Haiti
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 21 July 1992 with prior Army National Guard and Regular Army service and served in military occupational specialty 95B (Military Police). His record further shows he was assigned to the 58th Military Police Company, Schofield Barracks, HI, from 10 August 1992 through 20 August 1995.
3. On 20 August 1995, he was honorably discharged. His DD Form 214 shows he served 3 years and 1 month of net active service during this period of active duty including 3 years and 23 days of foreign service. The highest rank/grade he attained while serving on active duty was specialist/E-4.
4. Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for the period ending 20 August 1995 does not indicate he was previously awarded the AFEM.
5. Item 18 (Remarks) of his DD Form 214 does not list any dates of participation in deployments or named campaigns.
6. There is no documentation in the available records showing he was previously awarded the AFEM.
7. He provides:
* Certificate of Achievement, 3rd Brigade, 25th Infantry Division, dated 30 March 1995, for outstanding meritorious service during Operation Uphold Democracy from 17 January 1995 through 8 April 1995
* Certificate of Participation, Operation Uphold Democracy, Combined Joint Task Force (CJTF), undated, signed by the Commander, CJTF, for participation in Operation Uphold Democracy
8. Army Regulation 600-8-22 (Military Awards) states the AFEM 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) provides guidance for the completion of separation documents. This includes item-by-item instructions for the preparation of the DD Form 214. It provides that item 18 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 the AFEM was carefully considered and was determined to have merit.
2. The evidence of record shows he deployed to Haiti in participation and support of Operation Uphold Democracy from 17 January 1995 through 8 April 1995. This period of service in Haiti entitles him to award of the AFEM and to correction of his DD Form 214 to show this award.
3. Additionally, his service in Operation Uphold Democracy entitles him to correction of his DD Form 214 to show this deployment.
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:
* amending item 13 of his DD Form 214 to add the Armed Forces Expeditionary Medal
*
amending item 18 of his DD Form 214 to add the entry "SERVICE IN HAITI FROM 19950117-19950408"
____________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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