BOARD DATE:	  21 June 2011

		DOCKET NUMBER:  AR20100029146 


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 the Armed Forces Service Medal (AFSM).

2.  The applicant states that he served as a member of the United Nations Forces Operation in Haiti from June to November 1995 and the AFSM and his service in Haiti is not reflected on his DD Form 214.

3.  The applicant provides:

* A copy of his DD Form 214
* Copies of three DA Forms 4856 (General Counseling Form)

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 in the Regular Army in Dallas, TX on 2 September 1994 for a period of 2 years and 18 weeks, training as a cavalry scout, and enrollment in the Army College Fund.

3.  He completed his one-station unit training at Fort Knox, KY and he was transferred to Fort Polk, LA for assignment to the 2d Armored Cavalry Regiment, his first and only duty assignment.

4.  He deployed with his unit to Haiti in support of the United Nations Mission in Haiti (UNMIH) as evidenced by his three DA Form 4856.

5.  He was advanced to the pay grade of E-4 on 1 November 1996 and on 5 January 1997 he was honorably released from active duty (REFRAD) due to the expiration of his term of service.  He had served 2 years, 4 months, and
4 days of active service.  The DD Form 214 he was issued at the time of his REFRAD shows in:

	a.  block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (4th Award)
* National Defense Service Medal
* Army Service Ribbon
* United Nations Medal

	b.  block 18 (Remarks) no entry for his deployment to Haiti.

6.  A review of his record shows no derogatory information that would serve to disqualify him for award of the Army Good Conduct Medal (AGCM) or any action on the part of the commander to disqualify him for award of the AGCM.

7.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) from 30 May 1995 through 31 October 1995 for service in Haiti,

8.  Army Regulation 600-8-22 (Military Awards) states award of the Armed Forces Service Medal is authorized to U.S. military participants in the following operations in Haiti during the period 1 April 1995 to 31 January 2000:

	a.  UNMIH in Haiti

	b.  U.S. Forces Haiti (USFORHAITI)

	c.  U.S. Support Group Haiti (USSPTGR-HAITI)

9.  Army Regulation 635-5 (Separation Documents) serves as the authority for the preparation of the DD Form 214.  It provides, in pertinent part, that for an active duty Soldier deployed with his or her unit during their continuous period of active service, enter in block 18 the statement “SERVICE IN (Name of country Deployed) From (inclusive dates for example. YYYYMMDD - YYYYMMDD)” 

10.  Army Regulation 600-8-22 states the Army Good Conduct Medal is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the Army Good Conduct Medal, disqualification must be justified.  

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he is entitled to award of the Armed Forces Service Medal (AFSM) has been noted and found to have merit.  The applicant deployed to Haiti from 30 May 1995 to 31 October 1995 in support of the UNMIH.  Therefore, he is entitled to the AFSM and correction of his DD Form 214 to show this award.

2.  Based on his service in Haiti, he is entitled to correction of block 18 of his DD Form 214 to show the entry "Service in Haiti from 19950530 - 19951031.

3.  A review of the applicant’s record failed to contain any derogatory information that would serve to disqualify him for the first award of the AGCM.  Therefore, it appears that him not receiving the first award of the AGCM was the result of an administrative error.  Therefore, it would be appropriate at this time to award him the first award of the AGCM for the period 2 September 1994 through 
5 January 1997 and to correct his 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:

1. 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.  awarding him the Army Good Conduct Medal (1st Award) for the period
2 September 1994 through 5 January 1997, and

	b.  adding to item 13 of his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Armed Forces Service Medal

	c.  adding to block 18 of his DD Form 214 the entry "Service in Haiti from 19950530 - 19951031.

2.  The Board wants the applicant and all others to know that the sacrifices he made in service to the United States are deeply appreciated.  The applicant and all Americans should be justifiably proud of his service in arms.



      ________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)                                         AR20100029146



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ABCMR Record of Proceedings (cont)                                         AR20100029146



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