IN THE CASE OF:	   

		BOARD DATE:	  7 May 2015

		DOCKET NUMBER:  AR20140015744 


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 Expeditionary Medal (AFEM) for service in Haiti in support of Operation Uphold Democracy, the Jordanian Jump Parachutist Badge, and his service in Haiti.

2.  The applicant states submitting his DD Form 214 for veteran’s preference led him to closely scrutinize his DD Form 214.  He realized the requested award, badge, and service in Haiti were not included on his DD Form 214.  

3.  The applicant provides his DD Form 214; orders; and a memorandum, subject:  Imminent Danger/Foreign Duty Pay, dated 27 October 1994.  

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 3 April 1991 and held military occupational specialty 18B (Special Forces Weapons Sergeant).  The highest rank/grade he attained during his military service was staff sergeant (SSG)/E-6.

3.  His Personnel Qualification Record (DA Form 2-1) shows in:

* item 5 (Oversea Service) no entry showing overseas service
* item 9 (Awards, Decorations, and Campaigns) the:

* Army Achievement Medal (AAM) (2nd Award)
* National Defense Service Medal
* Army Good Conduct Medal (2nd Award)
* Ranger Tab
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Parachutist Badge
* Special Forces Tab
* Jordanian Parachutist Badge

* item 18 (Remarks) no entry showing service in Haiti

4.  A memorandum, subject:  Imminent Danger/Foreign Duty Pay, dated             27 October 1994, shows he was deployed to Haiti from 6 to 9 October 1994 in support of "Operation Uphold Democracy." 

5.  A memorandum, subject:  Acceptance and Wear of Foreign Badge, dated      3 November 1994, issued by Headquarters, U.S. Army Special Forces Integration Command (Airborne), Fort Bragg, NC shows he was authorized to accept and wear the Jordanian Parachutist Badge.
 
6.  He was honorably released from active duty on 7 December 1999 after having completed 8 years, 8 months, and 5 days of creditable active service.  His DD Form 214 issued at that time shows in:

* item 12f (Foreign Service) the entry "0000  00  00"
* item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) the:

* Army Achievement Medal (2nd Award)
* Army Good Conduct Medal (2nd Award)
* National Defense Service Medal
* Army Lapel Button
* Noncommissioned Officer Professional Development Ribbon with Numeral 2
* Army Service Ribbon
* Parachutist Badge
* Special Forces Tab
* Expert Marksmanship Qualification Badge with Rifle Bar and Machine Gun Bar 

* item 18 (Remarks) no entry showing service in Haiti

7.  There is no documentation in the available records showing he was awarded the AFEM.

8.  Army Regulation 635-5 (Separation Documents), effective at the time, established 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 contained guidance on the preparation of the DD Form 214.  It stated the total amount of foreign service completed during the period covered by the DD Form 214 would be obtained from the Soldier's records and entered in item 12f.  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)."

9.  Army Regulation 600-8-22 (Military Awards) states 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.  Qualifying service for this award includes Haiti for Operation Uphold Democracy from 16 September 1994 to 31 March 1995.

DISCUSSION AND CONCLUSIONS:

1.  The evidence shows the applicant completed 4 days of foreign service in Haiti from 6 to 9 October 1994.  Therefore, he is entitled to correction of his DD Form 214 to show this foreign service and deployment.

2.  Records show he was authorized to wear the Jordanian Parachutist Badge.  Therefore, he is entitled to correction of his DD Form 214 to show this badge.

3.  Although he served in Haiti from 6 to 9 October 1994, this period is not a qualifying period of service for award of the AFEM.  Therefore, there is no basis for adding this service medal 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 the evidence presented is 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  00  04"
* adding the Jordanian Parachutist Badge to item 13 of his DD Form 214
* adding the entry "SERVICE IN HAITI FROM 6 October 1994 to                  9 October 1994" 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 adding to his DD Form 214 the AFEM.



      _______ _   _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)                                         AR20140015744





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ABCMR Record of Proceedings (cont)                                         AR20140015744



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