BOARD DATE:	  21 November 2013

		DOCKET NUMBER:  AR20130003515 


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 the following:

* Operation Uphold Democracy Certificate of Achievement
* Haiti Medal of Democracy
* United Nations Mission in Haiti (UNMIH) Medal

2.  The applicant states:

* He was deployed to Port-au-Prince, Haiti, in support of Operation Uphold Democracy
* He never received an Operation Uphold Democracy Certificate of Achievement
* He also believes he should receive the Haiti Medal of Democracy since he served 30 consecutive days of service in Haiti during Operation Uphold Democracy
* He wonders if he should also receive the UNMIH Medal

3.  The applicant provides:

* A memorandum issued by the Department of Defense, Headquarters, U.S. Forces Haiti, subject:  Awards Policy, dated 8 May 1995
* DD Form 214 (Certificate of Release or Discharge from Active Duty)
* 
Orders 057-013, issued by Headquarters, U.S. Forces Haiti, dated 1 June 1995
* DA Form 2446 (Request for Orders), dated 10 March 1995
* Orders 055-006, issued by the 556th Personnel Service Company Forward, 25th Infantry Division, dated 10 March 1995
* A memorandum issued by Task Force 1-25, Port-au-Prince, Haiti, dated dated 16 March 1995

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 11 May 1989.  He completed training as a CH-47 Helicopter Repairer.  He arrived at Port-au-Prince, Haiti, on 10 January 1995, in support of Operation Uphold Democracy and he was assigned to B Company, 214th Aviation Regiment.  He was further assigned to Headquarters and Headquarters Company, 2nd Brigade, 25th Infantry Division (Light) on 1 April 1995.

3.  On 8 May 1995, the Commander, U.S. Forces Haiti, issued a memorandum, subject:  Awards Policy.  This memorandum encouraged supervisors, leaders and commanders to ensure the Soldiers, Sailors, Marines, Airman, and Civilians receive the awards they have earned and deserve.  He stated that their personnel may be eligible for four awards that included the Haiti Medal of Democracy, the Armed Forces Expeditionary Medal, the United Nations Service Ribbon, and an individual award.  The commander stated an Operation Uphold Democracy Certificate of Achievement should also be given to personnel who were solid performers and all personnel, military and civilians, should receive an Operation Uphold Democracy Certificate of Participation.

4.  The commander stated in the memorandum that the Haiti Medal of Democracy was approved by the government of Haiti and that final approval by the Joint Chiefs of Staff was pending.  It states that final approval by the Joint Chiefs of Staff was pending for award of the Armed Forces Expeditionary Medal and that the UNMIH Medal was approved by the United Nations.

5.  The commander concluded his memorandum by stating that personnel should be taken care of by recognizing them for their contributions to Operation Uphold Democracy and that personnel would be kept informed of all awards developments.

6.  Orders 057-013, dated 1 June 1995, authorized the applicant to depart Haiti on or about 6 June 1995 en route to his home unit in Hawaii.

7.  On 10 March 1996, the applicant was honorably released from active duty at the completion of his required active service.  He completed 6 years and
10 months of creditable active service.

8.  The Defense Finance and Accounting Service (DFAS) confirmed the applicant received hostile fire/imminent danger (HF/IPD) for service in Haiti from 11 January 1995 through 30 June 1995.

9.  Army Regulation 600-8-22 (Military Awards) states the Senior Representative of the Secretary-General who makes the award normally makes presentation of the United Nations Medal in the field.  Approval authority to accept and wear the United Nations Medal to a member of the Armed Forces of the United States is the Secretary of Defense.  When presentation is not so accomplished, any person who believes he or she is eligible for the award may submit a request to the Commander, U.S. Army Human Resources Command (HRC), ATTN:
AHRC-PDP-A, 1600 Spearhead Division Avenue, Fort Knox, KY 40122 with a copy of any substantiating documents.  HRC will forward each such request through the Office of Internal Administration, Office of the Assistant Secretary of State for International Organization Affairs, to the United Nations for consideration.

DISCUSSION AND CONCLUSIONS:

1.  The applicant's contentions have been noted and his supporting evidence has been considered.

2.  The Commander's Memorandum for All Personnel, dated 8 May 1995 suggested that the applicant may have been authorized a Certificate of Achievement for Operation Uphold Democracy.  However, that certificate should have been issued by his commanding officer at the time of the act/achievement for which the certificate may be issued.  Issuing Certificates of Achievement does not fall within the purview of the ABCMR; therefore, there is no basis for granting this portion of his request.

3.  Regarding his request for award of the Haiti Medal of Democracy, there is no evidence in the available record and the applicant does not provide any evidence showing the award was ever approved by the Joint Chiefs of Staff.  Therefore, there is no basis for granting this portion of his request.

4.  If the applicant believes he is eligible for an award that was approved by the United Nations, he should exhaust his administrative remedies by submitting a request to HRC with a copy of any substantiating documents.

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)                                         AR20130003515



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ABCMR Record of Proceedings (cont)                                         AR20130003515



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