IN THE CASE OF:	  

		BOARD DATE:	    31 October 2013

		DOCKET NUMBER:  AR20130003711 


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 in item 12f (Foreign Service) that he completed 6 months of service in Haiti.

2.  The applicant states, in effect, he was awarded the Joint Service Commendation Medal (JSCM) for his tour of duty in Haiti from September 1994 to January 1995; however, his DD Form 214 does not reflect this service.

3.  The applicant provides:

* DD Form 214
* Permanent Order Number 3-46, dated 11 January 1995
* JCSM certificate, dated 11 January 1995
* Permanent Orders Number 52-39, dated 6 April 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 served in the Regular Army from 26 June 1992 until he was honorably released from active duty on 25 June 1996.

3.  Headquarters, Multinational Force, Port-Au-Prince, Haiti, Permanent Order Number 3-46, dated 11 January 1995, awarded him the JSCM for service during the period 18 September 1994 to 2 January 1995 (3 months and 15 days).

4.  His DD Form 214 for this period of active service shows in:

	a.  item 12c, he served 4 years;

	b.  item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons awarded or authorized);

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

	c.  item 18 (Remarks) no entry for his service in Haiti.

5.  He provided Permanent Orders Number 52-39, issued by the 546th Personnel Services Battalion, Fort Hood, TX, dated 6 April 1995, which awarded him the Army Good Conduct Medal (1st Award) for the period 26 June 1992 to 25 June 1995.

6.  Army Regulation 600-8-22 (Military Awards):

	a.  The Humanitarian Service Medal (HSM) is awarded to members who, after 1 April 1975, distinguished themselves by meritorious direct participation in a Department of Defense approved significant military act or operation of a humanitarian nature.  A service member must be on active duty at the time of direct participation, must have directly participated in the humanitarian act or operation within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates direct participation.

	b.  Table C-1 of this regulation shows Multinational Force Operation Uphold/Restore Democracy from 10 September 1994 to 31 March 1995, in Haiti was approved by the Department of Defense as qualifying for award of the HSM.

7.  Army Regulation 635-5 (Separation Documents) establishes the standardized policy for preparing and distributing the DD Form 214.  The DD Form 214 is a summary of a Soldier's most recent period of continuous active duty.  Chapter 2 contains guidance on the preparation of the DD Form 214.  It states the total amount of foreign service completed during the period covered by the DD Form 214 is entered in item 12f and is obtained from the Soldier's records.  The "Remarks" block of the DD Form 214 is used for mandatory requirements when a separate block is not available.  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 County Deployed) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."

8.  Army Regulation 635-5 (Separation Documents) 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 is important that information entered on the form should be complete and accurate.  Chapter 2 contains guidance for preparation of the DD Form 214 and states for item 12f enter the total amount of foreign service completed during his or her continuous period of active service. 

DISCUSSION AND CONCLUSIONS:

1.  The applicant requests that his 6 months of foreign service in Haiti be shown in item 12f of his DD Form 214.

2.  The evidence of record shows the applicant completed 3 months and 15 days of foreign service in Haiti from 18 September 1994 to 2 January 1995.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service and deployment.

3.  Additionally, this period of service in Haiti entitles him to award of the HSM and correction of his DD Form 214 to show this award.

4.  Permanent orders awarded him the Army Good Conduct Medal (1st Award) which is not shown on his DD Form 214; therefore, it would be appropriate to add this award.


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:

* deleting the entry "0000  00  00" from item 12f of his DD Form 214 and adding the entry "0000  03  15"
* adding award of the Army Good Conduct Medal (1st Award) and the Humanitarian Service Medal (Haiti) to item 13 of his DD Form 214
* adding the entry "SERVICE IN HAITI FROM 19940918-19950102" to item 18 of his DD Form 214

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 correcting his DD Form 214 to show 6 months of foreign service credit for Haiti. 




      __________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)                                         AR20130003711



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ABCMR Record of Proceedings (cont)                                         AR20130003711



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