IN THE CASE OF:	  

		BOARD DATE:	  27 August 2013

		DOCKET NUMBER:  AR20120022674 


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 reconsideration of his request for award of the Armed Forces Service Medal (AFSM).

2.  He states he has acquired additional documentation which serves as proof of his service as part of the U.S. Support Group-Haiti (USSPTGP-Haiti) alongside cavalry scouts from his battalion (1st Battalion, 32nd Armor Regiment) during the summer of 1996 as part of the United Nations Mission in Haiti.  He previously stated that he served in the specified area of operations during the United Nations Mission in Haiti as part of the security force.  He is unsure of the exact number of days spent in country, but he is positive his service entailed at least 60 days.  He has in his possession documentation regarding a temporary duty (TDY) travel advance voucher from the 126th Finance Battalion for food and lodging for the PRE-MAD DOG II Reconnaissance Mission.  

3.  He provides:

* DD Form 1610 (Request and Authorization for TDY Travel of Department of Defense Personnel), dated 19 July 1996
* TDY Travel Advance Voucher Summary, dated 20 July 1996
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* DA Form 638 (Recommendation for Award)
* A copy of his security badge issued by USSPTGP-Haiti
* A letter from the applicant to an Ombudsman at the Defense Finance 
and Accounting Service (DFAS)
* A memorandum from an Ombudsman at DFAS to the Army Review Boards Agency (ARBA)
* A letter from ARBA to the applicant
* Previous Army Board for Correction of Military Record of Proceedings

CONSIDERATION OF EVIDENCE:

1.  Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20110009411 on 27 October 2011.

2.  The applicant enlisted in the Regular Army, in pay grade E-2, on 15 June 1995, for 3 years.  He completed training and was awarded military occupational specialty 19K (M1 Armor Crewman).

3.  He was issued a USSPTGP-Haiti security badge on 3 May 1996. 

4.  A DD Form 1610, dated 19 July 1996, shows that while in Haiti, he was temporarily authorized travel in various cities in and around Port-Au-Prince, Haiti, for the PRE-MAD DOG II Reconnaissance Mission for 5 days proceeding on 22 July 1996.  This authorization was based upon Travel Order Number 07080, issued on 19 July 1996.

5.  The TDY Travel Advance Voucher Summary that he submitted that was prepared on 20 July 1996 shows he was advanced cash for meals, incidental expenses, and lodging in Haiti.  This advance pay was based upon Travel Order Number 07080, issued on 19 July 1996.

6.  A DA Form 638 initiated on 20 February 1998 shows the applicant was awarded the Army Achievement Medal for meritorious service during the period 10 October 1995 to 14 June 1998 by Permanent Order Number 124-04.  The recommending authority stated the applicant contributed significantly to the success of Scout Platoon in 1st Battalion, 32nd Armor Regiment while he served on the Quick Reactionary Force during operation Joint Endeavor in Haiti.

7.  On 14 June 1998, he was honorably released from active duty (REFRAD) due to completion of required active service and transferred to the U.S. Army Reserve (USAR) Control Group (Reinforcement).  The DD Form 214 issued to him at the time of his REFRAD does not show a period of foreign service or award of the AFSM.

8.  He was honorably discharged from the USAR on 23 July 2002.
9.  The previous Record of Proceedings shows that on 25 October 2011, a staff member of DFAS verified there is no evidence the applicant received hostile fire/imminent danger pay (HF/IDP) for service outside of the United States in 1996.  The official also stated that regardless of the TDY orders, if the applicant had been in country 1 day he would have received HF/IDP for Haiti.

10.  On 14 November 2011, the applicant sent a letter to an Ombudsman at DFAS wherein he stated, in part, that during summer of 1996, he volunteered to augment 1st Battalion, 32nd Armor Battalion Cavalry Scouts for their security mission to Port-au-Prince, Haiti as part of the United Nations Mission in Haiti.  He did not recall the exact dates, recalled it to have been roughly 75 days.  He requested award of the AFSM from ARBA, but was denied based upon the fact there was no record of him receiving HF/IDP for Haiti.  He acknowledged that he never received HF/IDP and contended he was told they were not entitled to receive it for their mission in Haiti.  He researched HF/IDP pay zones on the DFAS internet website and found that, indeed, his time in Haiti did qualify him for the pay, and thus the AFSM.  The applicant stated his recent request for award of the AFSM was denied by ARBA for this reason and this reason alone.  He informed the Ombudsman that the issuance of back pay was not, nor ever was, a concern to him as he just wishes to have his record reflect his service correctly.

11.  On 2 October 2012, the Ombudsman at DFAS sent a memorandum to the ABCMR wherein he explained an exhaustive search for documentation validating the applicant's presence in Haiti during 1996 was unsuccessful.  The Ombudsman stated the HF/IDP for this period would have been paid to the applicant when his TDY travel was settled by his local finance office at Fort Lewis, WA upon his return.  This entitlement would not have been paid through the monthly payroll.  The installation files for this period have been placed in archive and were not located through inquiry with DFAS.  The only response able to be obtained was the Advance Voucher Summary which could only have been printed and provided in Haiti.  Since the necessary documents are not attainable, the Ombudsman requests the Travel Advance, security badge and annotation of presence in Haiti contained in the DA Form 638 be validation of the applicant's physical presence during the period qualifying him for award of the AFSM.

12.  Army Regulation 600-8-22 (Military Awards) states the AFSM may be awarded to members of the Armed Forces of the United States for operations for which no other U.S. campaign or service medal is approved and who, after 1 June 1992:

* participate or have participated as members of U.S. military units in a U.S. military operation deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile action
* participate 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) 
* 60 nonconsecutive days provided this support involves entering the area of eligibility  

13.  Army Regulation 600-8-22 further states award of the AFSM is authorized to U.S. military participants in the following operations in Haiti:  (1) United Nations Mission in Haiti; (2) U.S. Forces Haiti; and (3) U.S. Support Group Haiti, from 1 April 1995 to 31 January 2000.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's USSPTGP-Haiti security badge indicates he was in Haiti on 3 May 1996 and his Travel Advance Voucher Summary confirms he was still there until at least 20 July 1996, a period of 79 days.  His presence in Haiti is further corroborated by the narrative comments on the DA Form 638 documenting his award of the Army Achievement Medal. 

2.  Further, the memorandum from the DFAS Ombudsman is accepted as a sufficient explanation for the lack of DFAS evidence of the deployment in the applicant's finance record.

3.  Although it is not possible to determine the applicant's exact dates of service in Haiti from the available evidence, it is evident that he served there for at least 79 days.  In view of the foregoing, the applicant's USSPTGP-Haiti security badge, Travel Advance Voucher Summary, and DA Form 638 are accepted as sufficient evidence of him serving a qualifying period of time for award of the AFSM.    Therefore, he is entitled to correction of his DD Form 214 to show award of this service medal.

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 amendment of the ABCMR’s decision in Docket Number AR20110009411, dated 27 October 2011.  As a result, the Board recommends that all Department of the Army records of the individual concerned be corrected by amending his DD Form 214 to show award of the AFSM.



      ____________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)                                         AR20120022674





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ABCMR Record of Proceedings (cont)                                         AR20120022674



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