IN THE CASE OF:	  

		BOARD DATE:  19 December 2013

		DOCKET NUMBER:  AR20130007170 


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 awards be added to his DD Form 214 (Certificate of Release or Discharge from Active Duty) with a separation date of 31 October 1999:

* Meritorious Service Medal
* Armed Forces Expeditionary Medal
* Israel Defense Forces (IDF) Paratrooper Wings

2.  The applicant states the Armed Forces Expeditionary Medal was not annotated on his DD Form 214 for his deployment to Haiti.  The Meritorious Service Medal and the IDF Paratrooper Wings arrived after he was out of the service and could not be added to his official records.

3.  The applicant provides:

* three certificates awarding him the Meritorious Service Medal
* his Officer Record Brief (ORB)
* a certificate awarding him the Joint Service Commendation Medal
* second page of an Officer Evaluation Report for the period ending 
25 February 1995
* a certificate, dated 30 May 2005, from the IDF 


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.  He was appointed a second lieutenant in the Regular Army on 1 October 1979.  He served continuously on active duty until his retirement.

3.  Headquarters, U.S. Army Armor Center and Fort Knox, Fort Knox, KY Permanent Orders 51-1, dated 17 March 1987, awarded the applicant the Meritorious Service Medal for the period 1 October 1983 to 17 April 1987.

4.  The applicant provided a certificate awarding him the Meritorious Service Medal for the period 1 November 1991 to 31 December 1993.  The certificate shows the award was announced in Headquarters, Second U.S. Army Fort Gillem, GA, Permanent Order 73-4.

5.  The applicant provided a certificate awarding him the Meritorious Service Medal for the period 31 October 1989 to 31 October 1999.  The certificate shows the award was announced in Headquarters, U.S. Army Training Center, Fort Eustis, VA Permanent Orders 305-1, dated 1 November 1999.

6.  His ORB, dated 16 November 1999, provides the following information:

	a.  Section VIII - Awards and Decorations shows he was awarded the Armed Forces Expeditionary Medal.

	b.  Section IX - Assignment History shows he was assigned to the 125th Signal Battalion, 25th Infantry Division (Light) in Haiti from 3 January to 1 April 1995.

7.  He provided a certificate, dated 30 May 2005, issued by the IDF, awarding him the IDF Paratrooper Wings.

8.  On 31 October 1999, he was retired and placed on the Retired List the following day.  His DD Form 214 shows he was awarded the Meritorious Service Medal.  It does not show he was awarded the Armed Forces Expeditionary Medal or the IDF Paratrooper Wings.

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria, and administrative instructions concerning individual and unit military awards.

	a.  The Armed Forces Expeditionary Medal is authorized for qualifying service after 1 July 1958 in military operations within a specific geographic area during a specified time period.  An individual, who was not engaged in actual combat or equally hazardous activity, must have been a bona fide member of a unit participating in, or be engaged in the direct support of, the operation for 
30 consecutive or 60 nonconsecutive days provided this support involved entering the area of operations.  Table 2-2 lists designated U.S. Military Operations in support of the United Nations and the dates of eligibility for the Armed Forces Expeditionary Medal. Haiti - Operation Uphold Democracy is listed among the operations and the dates of eligibility are from 16 September 1994 to 31 March 1995.

	b.  Commanders (overseas and continental United States) serving in the rank of brigadier general or higher and colonel-level commanders who exercise general court-martial authority are delegated authority to approve the acceptance, retention, and permanent wear of foreign badges listed in 
appendix D of this regulation.  

	c.  Foreign qualification and special skill badges may be accepted if awarded in recognition of meeting the criteria, as established by the foreign government concerned, for the specific award.  Only those badges which are awarded in recognition of military activities and by the military department of the host country are authorized for acceptance and permanent wear.  Badges which do not meet these criteria may be authorized for acceptance, but not for wear, and will not be entered in the official military records of the recipient.  

	d.  Table D-1 lists foreign badges authorized for acceptance and wear on the Army uniform.  The IDF Paratrooper Wings are not included in the table.

DISCUSSION AND CONCLUSIONS:

1.  Based on the certificates, with order numbers, and the orders awarding him the Meritorious Service Medal, the applicant's DD Form 214 should reflect the Meritorious Service Medal (3rd Award).

2.  The applicant's ORB shows he was assigned in Haiti during the period the Armed Forces Expeditionary Medal was authorized.  His ORB also shows he was awarded the Armed Forces Expeditionary Medal.  Therefore, the Armed Forces Expeditionary Medal (Haiti) should be shown on his DD Form 214.

3.  There is no evidence the applicant was approved to accept, retain, and wear the IDF Paratrooper Wings.  This award is not reflected in Table D-1 as being a foreign badge authorized for acceptance and wear on the Army uniform.  Therefore, the IDF Paratrooper Wings should not be added to his DD Form 214.

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 Meritorious Service Medal from his DD Form 214 and adding the:

* Meritorious Service Medal (3rd Award)
* Armed Forces Expeditionary Medal (Haiti)

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 the IDF Paratrooper Wings.  




      _______ _  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)                                         AR20130007170



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ABCMR Record of Proceedings (cont)                                         AR20130007170



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