IN THE CASE OF:	  

		BOARD DATE:	  24 July 2012

		DOCKET NUMBER:  AR20110024891 


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 two awards of the Army Achievement Medal and one award of the Army Commendation Medal.  He also requests a review of his records to determine his eligibility for the:

* Armed Forces Service Medal
* Armed Forces Expeditionary Medal
* United Nations Medal
* Honorable Service Medal

2.  The applicant states:

* The individual awards are missing from his DD Form 214
* In effect, he may qualify for the service medals based on his service in Haiti

3.  The applicant provides:

* Two certificates each showing award of the Army Achievement Medal
* A certificate showing award of the Army Commendation Medal
* Certificate of Appreciation for service in Haiti
* Internet criteria for the service awards

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 29 April 1992 and held military occupational specialty 92Y (unit supply specialist).  He was assigned to the
3rd Battalion, 41st Field Artillery, 24th Infantry Division, Fort Stewart, GA.

3.  He was honorably released from active duty on 15 September 1994 after having completed 2 years, 4 months, and 17 days of creditable active service with no time lost.  He was fully eligible to reenlist.  His DD Form 214 shows in:

* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* National Defense Service Medal
* Army Lapel Button
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar

* item 18 (Remarks) no entry showing service in Haiti

4.  His records do not contain any derogatory information in the form of nonjudicial punishment, time lost, a record of court-martial, or a suspension of favorable personnel actions.

5.  He provides:

* A certificate, dated 13 October 1993, and assigned Permanent Order Number 01-25, awarding him the Army Achievement Medal for service with 3rd Battalion, 41st Field Artillery from 2 to 29 August 1993
* A certificate, dated 28 January 1994, and assigned Permanent Order Number 05-14, awarding him the Army Achievement Medal for performance with 3rd Battalion, 41st Field Artillery on 9 November 1993
* A certificate, dated 26 September 1994, and assigned Permanent Order Number 50-10, awarding him the Army Commendation Medal for service with 3rd Battalion, 41st Field Artillery from 5 September 1992 to 19 August 1994
* A Certificate of Appreciation, dated 17 November 1993, for outstanding service and deployment in support of Joint Task Force Haiti from 17 August through 17 November 1993

6.  Army Regulation 600-8-22 (Military Awards) provides Department of the Army policy, criteria, and administrative instructions concerning individual military decorations, Army Good Conduct Medal, service medals and ribbons, combat and special skill badges and tabs, unit decorations, and trophies, and similar devices awarded in recognition of accomplishments.  It states:

	a.  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.

	b.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual who was not engaged in actual combat or equally hazardous activity must have been a bona fide member of a unit participating in or be engaged in the direct support of the operation for 30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Qualifying service for this award includes Haiti for Operation Uphold Democracy from 16 September 1994 to 31 March 1995.

	c.  The Armed Forces Service Medal may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions.  Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility 

(or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility.  The Armed Forces Service Medal will be awarded only for operations for which no other United States campaign or service medal is approved.  Award of the Armed Forces Service Medal is authorized to U.S. military participants in the following operations in Haiti from 1 April 1995 to 31 January 2000:

		(1)  United Nations Mission in Haiti (UNMIH);

		(2)  U.S. Forces Haiti (USFORHAITI); and

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

	d.  The United Nations Medal is awarded in the name of the Secretary-General of the United Nations to personnel in the service of the United Nations for a period of not less than 6 months with the United Nations in Lebanon, Palestine, Pakistan, Hollandia, Cambodia, Yugoslavia, Western Sahara; the United Nations Iraq/Kuwait Observation Group; the United Nations Operation in Somalia (to include U.S. Quick Reaction Force Members)); and Mission in Haiti from 23 September 1994 to a future date.  The United Nations Medal is awarded by the Secretary-General of the United Nations and is categorized as a non-U.S. service medal.  The certificate issued by the United Nations constitutes award of the United Nations Medal.  The service member must have been presented the medal by a representative of the Secretary-General.

7.  There is no reference in Army Regulation 600-8-22 to the Honorable Service Medal.  The internet description of this medal provided by the applicant states "This medal is not issued or authorized by the Federal Government, nor can it be worn on the active duty uniform.  However, it has been adopted by the Military order of Foreign Wars and is offered as a purely civilian device to commemorate honorable military service…."

DISCUSSION AND CONCLUSIONS:

1.  Permanent orders awarded him two awards of the Army Achievement Medal and the one award of the Army Commendation Medal, none of which are shown on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show these awards.

2.  He served on active duty from 29 April 1992 through 15 September 1994.  He completed 2 years, 9 months, and 15 days of creditable active service with no time lost and he was fully eligible to reenlist.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the Army Good Conduct Medal.  Therefore, he is entitled to the Army Good Conduct Medal (1st Award) and correction of his DD Form 214 to show this award.

3.  Although he served in Haiti from 17 August through 17 November 1993, this period is not a qualifying period of service for award of the Armed Forces Expeditionary Medal, Armed Forces Service Medal, or the United Nations Medal. Therefore, there is no basis for adding these service medals to his DD Form 214.

4.  The Honorable Service Medal is not a recognized award listed in Army Regulation 600-8-22.  Additionally, the internet description of this medal provided by the applicant states "This medal is not issued or authorized by the Federal Government, nor can it be worn on the active duty uniform.  However, it has been adopted by the Military order of Foreign Wars and is offered as a purely civilian device to commemorate honorable military service…."  Therefore, there is no basis for adding this medal to his DD Form 214.

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:

	a.  awarding him the Army Good Conduct Medal (1st Award) for the period
29 April 1992 through 15 September 1994, and

	b.  adding to his DD Form 214 the:

* Army Good Conduct Medal (1st Award)
* Army Commendation Medal
* Army Achievement Medal (2nd Award)

2.  The Board further determined that the evidence presented is 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 to his DD Form 214 the:

* Armed Forces Service Medal
* Armed Forces Expeditionary Medal
* United Nations Medal
* Honorable Service Medal



      ___________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)                                         AR20110024891



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ABCMR Record of Proceedings (cont)                                         AR20110024891



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