IN THE CASE OF:
BOARD DATE: 15 November 2012
DOCKET NUMBER: AR20120006753
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 military record to show he served in Haiti in support of Operation Uphold Democracy.
2. The applicant states, in effect, that he served in Haiti in support of Operation Uphold Democracy. He indicates that the dates of this operation were from
19 September 1994 to 31 March 1995, and it was led by elements of the United States Special Operations Command (USSOCOM) and the 82nd Airborne Division.
3. The applicant provides copies of:
* his DD Form 214 (Certificate of Release or Discharge from Active Duty)
* an email advising the applicant to check with his former unit for a copy of orders concerning his attachment to the 82nd Airborne Division
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 applicants 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 applicants failure to timely file. In all other respects, there are insufficient bases to waive the statute of limitations for timely filing.
2. On 3 June 1992, the applicant enlisted in the Regular Army. He completed his initial training and was awarded military occupational specialty 92A (Automated Logistics Specialist).
3. His DA Form 2-1 (Personnel Qualification Record - Part II) shows in:
a. Item 5 (Overseas Service): no entries (blank); and
b. Item 35 (Record of Assignments) the following entries:
* 14 May to 2 June 1992: Reserve status - Delayed Enlistment
* 3 June 1992: Enlistment in the Regular Army
* 9 June to 6 August 1992: Basic Training
* 7 August to 29 September 1992: Advanced Individual Training
* 12 to 15 October 1992: Assigned to the 19th Replacement Detachment, Fort Bragg, NC
* 16 October 1992 to 1 June 1995: Assigned to I Company,
159th Aviation Regiment, Fort Bragg
* 2 June 1995: Released from active duty (REFRAD) and transferred to the Army Reserve Personnel Center (ARPERCEN)
4. The DD Form 214 the applicant was issued at the time of his REFRAD shows:
a. he entered active duty on 3 June 1992;
b. he was awarded:
* Army Lapel Button
* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
c. he was REFRAD on 2 June 1995 at Fort Bragg;
d. he attained the rank/grade of specialist (SPC)/E-4
e. he completed his required active duty service; and
f. he had no foreign service during this period.
5. Army Regulation 600-8-22 (Military Awards) provides that the Armed Forces Expeditionary Medal (AFEM) was awarded for Haiti Operation Uphold Democracy for the period 16 September 1994 to 31 March 1995.
6. Army Regulation 635-5 (Separation Documents) prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army. It establishes standardized policy for the preparation of the DD Form 214. It states the DD Form 214 is a synopsis of the Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active Army service at the time of release from active duty, retirement, or discharge. It further states for:
a. item 12f (Foreign Service), enter the total amount of foreign service completed during the period covered by the DD Form 214, and
b. item 18 (Remarks), for an active duty Soldier deployed to a foreign country 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 his military records should be corrected to show he served in Haiti in support of Operation Uphold Democracy during the period
19 September 1994 to 31 March 1995.
2. The available evidence clearly shows the applicant served on active duty during the period in question; however, that service was at Fort Bragg. There is no evidence of record and he did not provide any evidence such as pay records that shows he was ordered to Haiti, or any other overseas location during his period of active duty service. He was not awarded the AFEM for any such service.
3. In view of the above, there is an insufficient evidentiary basis for granting the applicant's requested relief.
BOARD VOTE:
________ ________ ________ GRANT FULL RELIEF
________ ________ ________ GRANT PARTIAL RELIEF
________ ________ ________ GRANT FORMAL HEARING
____X___ ____X___ ___X__ _ DENY APPLICATION
BOARD DETERMINATION/RECOMMENDATION:
The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined that the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned.
_______ _ 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) AR20120006753
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ABCMR Record of Proceedings (cont) AR20120006753
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