IN THE CASE OF:	  

		BOARD DATE:	  7 June 2012

		DOCKET NUMBER:  AR20110023814 


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 deployed to a hostile fire pay/
imminent danger pay (HFP/IDP) area (Haiti) in support of Operation Uphold Democracy (OUD).

2.  The applicant states he served in Haiti, but his discharge document does not show his deployment.

3.  The applicant provides a copy of his DD Form 214.

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 on 1 October 1993.  He was awarded military occupational specialty 13F (Fire Support Specialist).

3.  The applicant's DA Form 2-1 (Personnel Qualification Record) shows in:

	a.  item 5 (Oversea Service), no entry;

	b.  item 9 (Awards, Decorations, and Campaigns):

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar (M-16)
* Expert Marksmanship Qualification Badge with Grenade Bar
* Armed Forces Expeditionary Medal

	c. item 35 (Record of Assignments), 3rd Battalion, 41st Field Artillery, Fort Stewart, Georgia, effective 14 February 1994.

4.  The applicant's DD Form 214 shows he was discharged under honorable conditions on 6 September 1995.  He completed 1 year, 11 months, and 6 days of net active service.  It shows in:

	a.  item 12f (Foreign Service), no foreign service;

	b.  item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized):

* National Defense Service Medal
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Grenade Bar
* Marksman Marksmanship Qualification Badge with Rifle Bar

	c.  item 18 (Remarks), no record of service in a designated HFP/IDP area.

5.  During the processing of this case, the Defense Finance and Accounting Service (DFAS) was asked to verify information relevant to the applicant's receipt of HFP/IDP.  DFAS confirmed the applicant received HFP/IDP from 20 September 1994 through 2 March 1995 for service in Haiti.

6.  Army Regulation 600-8-22 (Military Awards) provides policy, criteria, and administrative instructions concerning military awards and decorations.  It states the Armed Forces Expeditionary Medal (AFEM) is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  Table 2-2 (AFEM – Designated U.S. Military Operations) shows the AFEM was authorized for service in Haiti in support of OUD from 16 September 1994 to 31 March 1995.

7.  Army Regulation 635-5 (Separation Documents), in effect at the time of the applicant's separation from active duty, prescribed the separation documents that must be prepared for Soldiers on retirement, discharge, or release from active duty service or control of the Active Army.

	a.  Chapter 2 contained guidance on the preparation of the DD Form 214.  It stated that the source documents for entering information on the DD Form 214 would be the Personnel Qualification Record (PQR), Officer Record Brief (ORB), enlistment/reenlistment documents, personnel finance records, discharge documents, separation orders, Military Personnel Records Jacket (MPRJ), or any other document authorized for filing in the official military personnel file (OMPF).

	b.  Table 2-1 (DD Form 214 Preparation Instructions) contains item-by-item instructions for completing the DD Form 214.

		(1)  Item 12 (Record of Service) states to use extreme care in completing this block since post-service benefits, final pay, retirement credit, etc. are based upon the information contained herein.

		(2)  Item 12f states to enter the total amount of foreign service completed during the period covered in item 12c (Net Active Service This Period).  Obtain the foreign service from item 5 of the PQR to compute this entry.  If necessary, verify the foreign service in the MPRJ/OMPF.

		(3)  Item 13 states that entries will be for all periods of service.  Check the Soldier's military service records for the validity of awards.

		(4)  Item 18 states to use this block for entries required by Headquarters, Department of the Army, for which a separate block is not available and for completing entries that are too long for their blocks.

		(5)  An update to this regulation in 2000 shows that 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 country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)."


DISCUSSION AND CONCLUSIONS:

1.  The applicant contends that his DD Form 214 should be corrected to show he deployed to an HFP/IDP area (Haiti).

2.  The evidence of record shows the applicant deployed to Haiti and was authorized HFP/IDP from 20 September 1994 to 2 March 1995.

	a.  A calculation for this period of service shows:

		  1995  03  02	date of redeployment
	- 1994  09  20	date deployment
	=    00  05  12
	+                  1	day inclusive
	=    00  05  13	total foreign service

	b.  Thus, it would be appropriate to show this period of foreign service in item 12f of his DD Form 214.

	c.  This deployment was prior to the 2000 change to the Army regulation that authorized recording an overseas deployment in an HFP/IDP area in item 18 of the DD Form 214.  However, as a matter of equity, it would be appropriate to correct the applicant's DD Form 214 as recommended below.

3.  Records show the applicant qualified for the AFEM for his service in Haiti.  Therefore, it would be appropriate 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:

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.  deleting the entry from item 12f of his DD Form 214 and replacing it with "0000  05  13,"

	b.  adding the AFEM to item 13 of his DD Form 214, and

   c.  adding the entry "SERVICE IN HAITI FROM 19940920-19950302" to item 18 of his 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)                                         AR20110023814



3


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1

ABCMR Record of Proceedings (cont)                                         AR20110023814



2


ARMY BOARD FOR CORRECTION OF MILITARY RECORDS

 RECORD OF PROCEEDINGS


1