IN THE CASE OF:
BOARD DATE: 26 November 2014
DOCKET NUMBER: AR20130005373
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 the Armed Forces Service Medal (AFSM).
2. He states, in effect, the AFSM was awarded for service in Haiti in support of Operation Uphold Democracy. His unit deployed to Haiti from approximately 12 September 1994 to 15 January 1995. The AFSM was authorized by President Clinton in 1996. He retired in 1996 and he did not receive the medal and it is not shown on his DD Form 214.
3. He provides:
* DA Form 638-1 (Recommendation for Award)
* partial copy of his Personnel Qualification Record
* DD Form 214
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. On 30 June 1976, the applicant enlisted in the Regular Army (RA). He continued his RA service until he retired.
3. His record contains a DA Form 638-1 showing he was recommended for award of the Army Achievement Medal (AAM) for the period 12 September to 6 December 1994. The form shows he deployed with his unit to Haiti in support of Operation Uphold Democracy.
4. Item 5 (Oversea Service) of his DA Form 2-1 (Personnel Qualification Record Part II) shows he served in Haiti from 27 September to 6 December 1994.
5. On 30 June 1996, he retired after completing 20 years and 1 day of active military service. His DD Form 214 does not show the AFSM.
6. On 7 October 1999, a DD Form 215 (Correction to DD Form 214) was issued adding an entry to his DD Form 214 showing his period of service for Operation Restore Hope/Uphold Democracy in Haiti from 27 September to 6 December 1994.
7. Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.
a. Paragraph 2-21 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. Service members must be bona fide members of a unit participating in or engaged in direct support of the operation 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 60 nonconsecutive days provided this support involves entering the area of eligibility or meet criteria established for aircrew members.
b. Table 2-5 (AFSM Designated U.S. Military Operations) shows the AFSM is authorized for service members who participated in the following operations in Haiti during the period 1 April 1995 to 31 January 2000: (1) United Nations Mission in Haiti; (2) U.S. Forces Haiti; and (3) U.S. Support Group Haiti.
DISCUSSION AND CONCLUSIONS:
He served in Haiti prior to the period of eligibility for the AFSM. Therefore, he is not entitled to correction of his DD Form 214 to show this medal.
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 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) AR20130005373
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ABCMR Record of Proceedings (cont) AR20130005373
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