IN THE CASE OF:	  

		BOARD DATE:	  28 October 2014

		DOCKET NUMBER:  AR20140003119 


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), for the period ending 13 June 1996, to show:

	a.  he was awarded the Humanitarian Service Medal (HSM) and Armed Forces Expeditionary Medal (AFEM); and

	b.  his deployment to Haiti in support of Operation Uphold Democracy.

2.  The applicant states:

	a.  he has nothing on his DD Form 214 that shows he deployed to Haiti for Operation Uphold Democracy in September 1994;

	b.  he wants his DD Form 214 updated to show award of the HSM and AFEM;

	c.  during out-processing at Fort Bragg, his DD Form 214 was incomplete and the noncommissioned officer (NCO) told him he would update it and mail it to him with these medals on it; however, that never happened; and

	d.  two years ago he tried to have his DD Form 214 fixed, but his request was denied.  Since then he found orders for the HSM, but he could not find orders for the AFEM.  His leave and earnings statement (LES) shows he received hostile fire pay for this period.  He was awarded the Army Commendation Medal (ARCOM) for his service in Haiti.

3.  The applicant provides:

* DD Form 214, for the period ending 13 June 1996
* LESs, for the period 1 September 1994 to 31 December 1994
* HSM by-name listing
* ARCOM Certificate
* a letter from the Army Board for Correction of Military Records (ABCMR), dated 12 February 2013

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 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.  Having had prior service in the U.S. Army Reserve and Army National Guard, the applicant enlisted in the Regular Army on 3 March 1992.

3.  On 13 June 1996, he was honorably released from active duty.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) of his DD Form 214 for this period does not show the HSM or AFEM as authorized awards.  Item 18 (Remarks) does not show any deployments.

4.  He provided LES's for the period 1 September 1994 to 31 December 1994 which show he received hostile fire pay.

5.  He provided an ARCOM Certificate, annotated as Permanent Order Number 66-10 and dated 7 March 1995, which shows he was awarded the ARCOM for exceptionally commendable achievement as a member of Joint Task Force 190 in support of Operation Uphold Democracy, during the period 22 September 1994 through 12 December 1944.

6.  He provided a memorandum from Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum, dated 12 April 1996, which states the Soldiers on the HSM by-name listing for Joint Task Force 190/Multi-National Force Haiti met all requirements for wear of the HSM.  The HSM by-name listing shows the applicant served in Haiti from 26 September 1994 to 12 December 1994.

7.  The Defense Finance and Accounting Service confirmed he received hostile fire/imminent danger pay and combat zone tax exclusion for service in Haiti from 21 September 1994 through 31 December 1994.

8.  In February 2013, he requested correction of his records to show award of the AFEM.  His application was returned without action by the Board because his military records could not be located.

9.  Army Regulation 600-8-22 (Military Awards) states the 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.  Table C-1 shows Operations Uphold/Restore Democracy (10 September 1994 to 31 March 1995 in Haiti) were approved by the Department of Defense as qualifying for award of the HSM.

10.  Army Regulation 600-8-22 states the AFEM is awarded for qualifying service after 1 July 1958 in U.S. military operations, U.S. operations in direct support of the United Nations, and U.S. operations of assistance for friendly foreign nations.  Qualifying service for this award includes participation in Operation Uphold Democracy in Haiti during the period 16 September 1994 through 31 March 1995.

11.  Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It established standardized policy for preparation of the DD Form 214.  The regulation stated that for an active duty Soldier deployed with his or her unit during their continuous period of active service, the statement "SERVICE IN (name of country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYYMMDD)" would be entered in item 18.

DISCUSSION AND CONCLUSIONS:

1.  The applicant provided a Headquarters, 10th Mountain Division (Light Infantry) and Fort Drum memorandum and HSM by-name listing that shows he met all of the requirements for wear of the HSM.  These documents are accepted as sufficient evidence on which to base correcting his DD Form 214, for the period ending 13 June 1996, to show he is authorized the HSM.

2.  Based on his service in Haiti in support of Operation Uphold Democracy, from 21 September 1994 to 31 December 1994, he is authorized award of the AFEM and correction of item 18 of his DD Form 214 to show this deployment.

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 a recommendation for relief.  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, for the period ending 13 June 1996, to:

	a.  add to item 13 the HSM and AFEM; and

	b.  add to item 18 the entry "SERVICE IN HAITI FROM 19940921-19941231." 




      _______________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)                                         AR20140003119



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ABCMR Record of Proceedings (cont)                                         AR20140003119



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