IN THE CASE OF:	  

		BOARD DATE:	    30 August 2011

		DOCKET NUMBER:  AR20110002334 


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:

* he served in Haiti in support of Operation Uphold Democracy
* award of the Armed Forces Expeditionary Medal (AFEM) for service in both Haiti and Bosnia

2.  The applicant states he cannot claim Veterans preference during the federal employment process because his records do not show award of the AFEM for service in Haiti or Bosnia or that he served in Haiti in support of Operation Uphold Democracy.  

3.  The applicant provides:

* DD Form 214
* Orders Number 066-011
* Three DD Forms 1610 (Request and Authorization for TDY (Temporary Duty) Travel of DOD (Department of Defense) Personnel
* Three (DD Forms 1351-2) Travel Voucher or Subvoucher

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 10 June 1994.   

3.  His DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  Item 5 (Overseas Service) he serviced in Panama from 2 December 1994 to 27 January 1997 and Germany from 2 February 1997 to 1 January 1999;

	b.  Item 9 (Awards, Decorations, and Campaigns) he was awarded National Defense Service Medal, Army Service Ribbon, Humanitarian Service Medal ([1st award] March 1995 – Joint Task Force Operation Safehaven), Humanitarian Service Medal ([2nd award] May 1995 – Operation Uphold Democracy), Overseas Service Ribbon, and Army Good Conduct Medal; and

	c.  Item 27 (Remarks) he had duty in the imminent danger pay area of Bosnia from 21 August to 20 September 1997.

4.  He submitted the following documents in support of his deployment to Haiti in support of Operation Uphold Democracy:

	a.  DD Form 1610, dated 17 January 1995, shows he was authorized TDY from Fort Clayton, Panama to Haiti and return to provide support to Operation Uphold Democracy from 1 February 1995 to 29 July 1995;

	b.  Orders Number 066-011, 55th Personnel Service Company (Forward) 25th Infantry Division (Light), dated 21 March 1995, which show he was authorized travel from Haiti to Fort Clayton, Panama after serving in Haiti from 6 February to 1 April 1995; and

	c.  DD Form 1351 shows he was TDY to Haiti from 2 February to 4 April 1995.

5.  He submitted the following documents in support of his deployment to Bosnia in support of Operation Joint Guard:

	a.  DD Form 1610, dated 18 August 1997, shows he was authorized to proceed TDY on 21 August 1997 from Vilseck, Germany to Tuzla, Bosnia and return to provide support to Operation Joint Guard;

	b.  DD Form 1351-2 shows he was deployed from 22 August to 22 September 1997;

	c.  DD Form 1610, dated 28 January 1998, shows he was authorized to proceed TDY on 1 February 1998 from Vilseck, Germany to Bosnia and return to provide Armed Forces Network – Balkans augmentation; and

	d.  DD Form 1351-2 shows he was deployed from 4 February to 12 February 1998.

6.  He was honorably released from active duty on 9 March 1999 and transferred to the U.S. Army Reserve Control Group (Reinforcement).  His DD Form 214 shows in:

	a.  Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons, Awarded or Authorized):  the Army Achievement Medal, Army Good Conduct Medal, National Defense Service Medal, Humanitarian Service Medal (2nd Award), Joint Meritorious Unit Award, Army Service Ribbon, Overseas Service Ribbon with Numeral 2, Joint Service Achievement Medal, Expert Marksmanship Badge with Rifle Bar (M-16), NATO Medal, and Armed Forces Service Medal; and

	b.  Item 18 (Remarks) "Service in Bosnia – 19970801 to 19980212."

7.  The Defense Finance and Accounting Service (DFAS) office confirms he received hostile fire pay/imminent danger pay (HFP/IDP) for Haiti from 
4 February to 4 April 1995. 

8.  References:

      a.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, for award of the AFEM 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 to friendly foreign nations.  Qualifications for this award 

includes the requirement to be a bona fide member in a unit engaged in the operation or to serve in the area of operations for 30 days, or to be engaged in direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involves entering the area of operations.

		(1)  Qualifying service for this award includes participation in Operation
Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995; and

		(2)  Army Personnel Command Message Number 99-100 (with a 
Date/Time Group of 121605Z March 1999) authorized award of both the AFSM and the AFEM as a one-time exception to Department of Defense and Service policy for qualifying service in support of Operations Joint Endeavor and Joint Guard in the Republic of Bosnia-Herzegovina.  This exception allowed both service medals to be presented to personnel deployed in Bosnia-Herzegovina and/or aboard naval vessels operating in the Adriatic Sea and their respective air spaces during the period 1 June 1992 to 19 December 1996 (Operation Joint Endeavor) and during the period 20 December 1996 to 20 June 1998 (Operation Joint Guard).  The exception also allowed only one award of each service medal for service in either or both Operation Joint Endeavor and Operation Joint Guard.

	b.  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 evidence of record shows he deployed to Haiti in support of Operation Uphold Democracy from 2 February to 4 April 1995 and the Former Republic of Yugoslavia (Bosnia-Herzegovina) in support of Operation Joint Guard.  Therefore, he is entitled to correction of his record to show award of the AFEM (2nd award).  

2.  Additionally, his service in Operation Uphold Democracy entitles him to correction of item 18 of his DD Form 214 to show service in Haiti from 2 February to 4 April 1995.

3.  Item 18 of his DD Form 214 shows that he served in Bosnia from 1 August 1997 to 12 February 1998.  However, he submitted evidence that shows he served in Bosnia-Herzegovina from 22 August to 22 September 1997 and from 
4 February to 12 February 1998.  Therefore, item 18 of his DD Form 214 should be corrected to show these dates.  

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:

   a.  amending item 13 of his DD Form 214 to add the Armed Forces Expeditionary Medal (2nd award); and

	b.  amending item 18 of his DD Form 214 to add the entry "SERVICE IN HAITI FROM 199500202-19950412 AND SERVICE IN BOSNIA FROM 19970822 TO 19970922 AND FROM 19980204 TO 19980212" in lieu of 19970801 to 19980212.



      __________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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ABCMR Record of Proceedings (cont)                                         AR20110002334



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