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ARMY | BCMR | CY2011 | 20110015641
Original file (20110015641.txt) Auto-classification: Approved

		IN THE CASE OF:	  

		BOARD DATE:	  16 February 2012

		DOCKET NUMBER:  AR20110015641 


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 in:

* block 12f (Foreign Service) he served 6 months and 22 days of foreign service
* block 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) the addition of the Armed Forces Expeditionary Medal (AFEM) and the Humanitarian Service Medal (HSM)

2.  The applicant states, in effect, his DD Form 214 does not reflect his foreign service and all of his authorized awards.

3.  The applicant provides:

* his DD Form 214
* a memorandum issued by Headquarters, 1st Battalion, 75th Ranger Regiment, Hunter Army Airfield, GA, subject:  Award of the AFEM, dated
1 March 1995
* a memorandum issued by Headquarters, U.S. Army Special Operations Command, Fort Bragg, NC, subject:  Approved HSM for Operation Uphold Democracy, dated 9 January 1996


CONSIDERATION OF EVIDENCE:

1.  The applicant enlisted in the Regular Army on 3 June 1992.  He completed his training as an infantryman and his parachutist training at Fort Benning, GA.  Upon completion of training he was transferred to Fort Stewart, GA for assignment to the 75th Ranger Regiment.  He was advanced to the rank/grade of specialist (SPC)/E-4 on 3 August 1994.

2.  On 5 December 1994, he was honorably discharged to enter an officer training program.  He served 2 years, 6 months and 3 days of creditable active service.  The DD Form 214 he was issued at the time of his discharge shows in:

* block 12f the entry "0000  00  00" indicating no foreign service
* block 13 the:

* National Defense Service Medal
* Army Service Ribbon
* Expert Infantryman Badge
* Parachutist Badge
* Expert Marksmanship Qualification Badge with Rifle Bar
* Expert Marksmanship Qualification Badge with Grenade Bar
* Army Lapel Button

3.  The memorandum provided by the applicant, dated 1 March 1995, authorized the applicant to wear the AFEM for participation in Operation Uphold Democracy.  The memorandum provided by the applicant, dated 9 January 1996, awarded the HSM for those personnel participating in Operation Uphold Democracy from
10 September 1994 through 31 March 1995.  However, neither of these memoranda indicates the specific period that he participated in the operation in Haiti.  Additionally, the available records do not indicate the duration of his service in Haiti.

4.  The applicant was commissioned as a U.S. Army Reserve (USAR) second lieutenant on 7 December 1997 with concurrent order to active duty.  He has remained on active duty and he is currently serving as a Regular Army major.

5.  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.


6.  Army Regulation 600-8-22 (Military Awards) states the HSM 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.  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.  Table C-1 shows Operation Uphold/Restore Democracy
(10 September 1994 to 31 March 1995) in Haiti was approved by the Department of Defense as qualifying for award of the HSM.

DISCUSSION AND CONCLUSIONS:

1.  The applicant’s contention that he should be credited with 6 months and 22 days of foreign service in Haiti has been noted and found to lack merit.  The entire operation was from 16 September 1994 through 31 March 1995, a period of 6 months and 22 days.  However, the applicant was discharged on
5 December 1994, which clearly indicates he could not have served 6 months and 22 days of foreign service.  Therefore, without any corroborating evidence that shows the specific dates of his deployment, there is insufficient evidentiary basis for granting this portion of his request.

2.  However, the available evidence provided by the applicant shows he is entitled to the AFEM and the HSM.  Therefore, his DD Form 214 should be corrected to show these awards.

BOARD VOTE:

________  ________  ________  GRANT FULL RELIEF 

____X____  ___X_____  ____X____  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 partial relief.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by 


adding to block 13 of his DD Form 214 for the period ending 5 December 1994 the Armed Forces Expeditionary Medal and the Humanitarian Service Medal.

2.  The Board further determined that the evidence presented was insufficient to warrant a portion of the requested relief.  As a result, the Board recommends denial of so much of the application that pertains to adding any foreign service time to block 12f of his DD Form 214 for the period ending 5 December 1994.



      ___________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.

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ABCMR Record of Proceedings (cont)                                         AR20110015641



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