IN THE CASE OF:	

		BOARD DATE:	  2 June 2015

		DOCKET NUMBER:  AR20140017730


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, in effect, correction of his DD Form 214 (Certificate of Release or Discharge from Active Duty) to show he received an expeditionary medal for Haiti (presumed to be the Armed Forces Expeditionary Medal (AFEM)), the Army Commendation Medal (ARCOM) and the Army Good Conduct Medal (AGCM).  

2.  The applicant states his DD Form 214 does not show all of his awards as they were erroneously omitted from his DD Form 214.  

3.  The applicant provides a copy of an undated Certificate of Participation for Uphold Democracy – Combined Joint Task Force 190, Multinational Force.  

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 25 June 1992.  Upon the completion of his initial entry training, he was awarded military occupational specialty 62F (Crane Operator) and was assigned to Fort Bragg, North Carolina. 

3.  He was honorably released from active duty on 23 June 1995 by reason of completion of required active service with 2 years, 11 months, and 29 days of net active service.  His DD Form 214 shows in:

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

* National Defense Service Medal
* Army Service Ribbon
* Marksman Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Army Lapel Button

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

4.  His records do not contain any derogatory information in the form of nonjudicial punishment, time lost, a record of court-martial, or a suspension of favorable personnel actions.  

5.  There is also no evidence or documentation in his military records, such as certificates, orders, or memoranda, which shows he was awarded or authorized the AFEM, the ARCOM, or the AGCM.  

6.  Defense Finance and Accounting Service (DFAS) records show he received hostile fire/imminent danger pay (HF/IDP) and combat zone tax exclusion (CZTE) for service in Haiti from 2 December 1994 through 11 April 1995, a period of        4 months and 9 days.

7.  He provided an undated Certificate of Participation that shows he participated in "Uphold Democracy" with the Combined Joint Task Force 190, Multinational Force.  This certificate is signed by Major General (MG) D.C.M., Commander, Combined Joint Task Force.   

8.  His record indicates he is entitled to an additional award that is not shown on his DD Form 214.  There is no indication in his available records that shows he was awarded the Humanitarian Service Medal (HSM).

9.  Army Regulation 600-8-22 (Military Awards) prescribes Army policy, criteria and administrative instructions concerning individual and unit military awards.  This regulation states, in pertinent part, that:

     a.  The ARCOM may be awarded to any member of the Armed Forces of the United States who, while serving in any capacity with the Army after 6 December 1941, distinguishes himself or herself by heroism, meritorious achievement, or meritorious service.  As with all personal decorations, formal recommendations, approval through the chain of command, and announcement in orders are required.

     b.  The AGCM is awarded to individuals who distinguish themselves by their conduct, efficiency, and fidelity during a qualifying period of active duty enlisted service.  This period is 3 years except in those cases when the period for the first award ends with the termination of a period of Federal military service.  Although there is no automatic entitlement to the AGCM, disqualification must be justified.

     c.  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.

     d.  The HSM is awarded to members who 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.  According to Table C-1, Operation Uphold Democracy (10 September 1994 through 31 March 1995 in Haiti) was approved by the Department of Defense as a qualifying operation for award of the HSM.

10. Army Regulation 635-5 (Separation Documents), prescribes the separation documents prepared for Soldiers upon retirement, discharge, or release from active military service or control of the Army.  It establishes standardized policy for preparation of the DD Form 214.  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 is complete and accurate.  Chapter 2 contains specific guidance for preparation of the DD Form 214.  It states for:

     a.  item 12f, lists total amount of foreign service performed; 

     b.  item 13, lists awards and decorations for all periods of service in the priority sequence specified in Army Regulation 600-8-22.  Each entry will be verified by the Soldier's records.  Do not use abbreviation; and 

     c.  item 18, 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 country deployed) FROM (inclusive dates for example, YYYYMMDD-YYYMMDD)."

DISCUSSION AND CONCLUSIONS:

1.  The applicant's request for correction of his DD Form 214 to show he received the AFEM, the ARCOM, and the AGCM was carefully considered.     

2.  He served on active duty from 25 June 1992 through 23 June 1995.  He completed 2 years, 11 months, and 29 days of net active service.  There is no derogatory information in his file that would have disqualified him from receiving the first award of the AGCM.  Therefore, it would be appropriate to award him the AGCM (1st Award) and to correct his DD Form 214 to show this award.

3.  He served in Haiti from 2 December 1994 through 11 April 1995, a period of 4 months and 9 days; however, this foreign service was not recorded on his DD Form 214.  Therefore, his DD Form 214 should be corrected to show this period of foreign service in Haiti.  

4.  The evidence of record shows he deployed to Haiti in participation and support of Operation Uphold Democracy from 2 December 1994 through 11 April 1995.  This period of service in Haiti was a qualifying period of service for award of the AFEM and the HSM.  These service medals are not shown on his DD Form 214; therefore, he is entitled to correction of his DD Form 214 to show them.

5.  His record is void of evidence that shows he was awarded the ARCOM.  Personal awards are made by formal recommendations, by which approval through the chain of command, and announcement in orders are required.  In the absence of such orders, there is no basis to add this award to his DD Form 214 at this time. 




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: 

     a.  awarding him the Army Good Conduct Medal (1st Award) for his period of service from 25 June 1992 to 23 June 1995;

     b.  amending item 12f of his DD Form 214 by adding the entry "0000  04  09";

     c.  amending item 13 of his DD Form 214 by adding the Army Good Conduct Medal (1st Award), the Armed Forces Expeditionary Medal, and the Humanitarian Service Medal; and 

     d.  amending item 18 of his DD Form 214 by adding the entry  "SERVICE IN HAITI FROM 19941202-19950411" 

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 amending his DD Form 214 by adding the Army Commendation Medal. 




      _____________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)                                         AR20130001395



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ABCMR Record of Proceedings (cont)                                         AR20140017730



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