IN THE CASE OF:	  

		BOARD DATE:	    27 August 2015

		DOCKET NUMBER:  AR20150000612


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:

	a.  show he received the:

* Humanitarian Service Medal (HSM) (2nd Award)
* United Nations Mission in Haiti (UNMIH) Medal
* “Combat Field Medical Badge” (known as the Combat Medical Badge (CMB))

b.  add the time he spent in Haiti to item 12f (Record of Service – Foreign Service):

* Haiti – 26 September 1994 – 10 November 1994
* Haiti – 7 March 1995 – 30 August 1995

2.  The applicant states the aforementioned awards were not added to his 
DD Form 214 and he has hard copies of the awards, and that his “Combat Field Medical Badge” is not reflected on his DD Form 214 either.  He has attached his Armed Forces Expeditionary Medal award to show he served in a combat theater.

3.  The applicant provides:

* A DD Form 214
* A Recommendation for HSM
* An UNMIH Medal application
* An Army Commendation Medal (ARCOM) Certificate
* DA Form 638-1 (Recommendation For Award)
* An approval message for an AFEM dated 22 January 1995
* DD Form 1610 (Request and Authorization for Temporary Duty (TDY) of Department of Defense (DOD) Personnel)
* A Manifest Report
* Topeka Plaza Inn, Fort Bragg, NC receipt

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 5 February 1992, the applicant enlisted in the Regular Army.  After initial training, he was awarded military occupational specialty 91B (Medical Specialist).

3.  On 8 February 1995, the applicant was recommended and approved for the HSM by the 55th Medical Group, Fort Bragg, NC for his service while assigned to the 44th Medical Brigade during Operation Uphold Democracy in the Republic of Haiti.

4.  On 6 December 1995, the applicant received an ARCOM Certificate awarded by Permanent Orders Number 107-9, 55th Medical Group, Fort Bragg, NC for the period 26 July 1992 to 15 December 1995.

5.  On 4 February 1996, the applicant was honorably released from active duty at the completion of his required active service.  His DD Form 214 shows he had 4 years of net active service this period with no foreign service.

6.  His DD Form 214 shows in:

   a.  Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized) he received the:

* Army Lapel Button
* Army Achievement Medal (3rd Award)
* Army Good Conduct Medal
* National Defense Service Medal
* AFEM
* HSM (1st Award)
* Army Service Ribbon
* Expert Marksmanship Qualification Badge with Rifle Bar
* Parachutist Badge
* Driver and Mechanic Badge with Driver-W Bar

7.  The DA Form 638-1, part B (Justification and Citation Data), block 16 (Achievement), states the applicant participated in the Hurricane Andrew Disaster Relief Operation in Florida.

8.  The applicant does not provide any orders showing he was awarded the CMB.

9.  Army Regulation 600-8-22 (Military Awards) provides, in pertinent part, that the HSM is awarded to members who distinguished themselves by meritorious direct participation in a DOD 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.

10.  Army Regulation 600-8-22 (Military Awards) shows the Hurricane Andrew Disaster Relief Operation (23 August to 10 November 1992 in Florida and 
26 August to 8 October 1992 in Louisiana) and Operation Uphold Democracy were approved by the DOD as qualifying for award of the HSM.

11.  Army Regulation 600-8-22 states the CMB is awarded to medical department personnel (colonel and below) who are assigned or attached to a medical unit of company or smaller size that is organic to an infantry unit of brigade, regimental or smaller size which is engaged in active ground combat.  Battle participation credit is not sufficient; the infantry unit must have been in contact with the enemy and the Soldier must have been personally present and under fire during such ground combat.  Operations in Haiti are not among the list of operations for which the CMB is authorized.
12.  Army Regulation 600-8-22 (Military Awards) states award of the Armed Forces Service Medal (AFSM) is authorized to U.S. military participants in the following operations in Haiti: United Nations Mission in Haiti (UNMIH), U.S. Forces Haiti (USFORHAITI), and U.S. Support Group Haiti (USSPTGR-HAITI) from 1 April 1995 to 31 January 2000.

13.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents that must be prepared for Soldiers on retirement, discharge, release from active duty service, or control of the Active Army.  It establishes standardized policy for preparing and distributing the DD Form 214.  The current regulation states for an active duty Soldier deployed with his or her unit during their continuous period of active service, the following will be entered in Item 18 (Remarks), “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates for example, YYYYMMDD - YYYYMMDD).”  

DISCUSSION AND CONCLUSIONS:

1.  Permanent Order Number 107-9, 55th Medical Group, Fort Bragg, NC shows the applicant was awarded the ARCOM.

2.  The applicant's evidence shows he served in the Republic of Haiti on two different occasions.  Therefore, item 12f and item 18 of his DD Form 214 should reflect this service.

3. Evidence shows that the applicant participated in Operation Restore/Uphold Democracy in Haiti and in Hurricane Andrew Disaster Relief Operation in Florida, both of which qualify for the HSM.

4.  Army Regulation 600-8-22 authorizes the applicant to be awarded the AFSM for his second period of service in Haiti.

5.  The applicant has not provided any evidence to show he was authorized the CMB or that he participated in authorized wars, conflicts, or operations to be awarded the CMB.









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.  Deleting from his DD Form 214, item 13, the HSM; and
 
	b.  Adding to his DD Form 214:

* item 12f, 7 months and 11 days
* item 13, ARCOM, HSM (2nd Award), and AFSM
* item 18, “SERVICE IN HAITI FROM 19940926 – 19941110 AND FROM 19950307 – 19950830.”

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 the “Combat Field Medical Badge” to his DD Form 214.



      ___________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)                                         AR20100018301



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ABCMR Record of Proceedings (cont)                                         AR20150000612



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