PROCEEDINGS

	IN THE CASE OF:       

	BOARD DATE:            6 May 2003
	DOCKET NUMBER:   AR2003083794

	I certify that hereinafter is recorded the true and complete record of the proceedings of the Army Board for Correction of Military Records in the case of the above-named individual.  

	Mr. Carl W. S. Chun		Director	
	Mr. William Blakely		Analyst	

The following members, a quorum, were present:

	Mr. Fred N. Eichorn		Chairperson	
	Ms. Lana E. McGlynn		Member	
	Mr. Larry C. Bergquist		Member	

	The applicant and counsel if any, did not appear before the Board.

	The Board considered the following evidence:

	Exhibit A - Application for correction of military 
                            records
	Exhibit B - Military Personnel Records (including
	                 advisory opinion, if any)

FINDINGS:

1.  The applicant has exhausted or the Board has waived the requirement for exhaustion of all administrative remedies afforded by existing law or regulations.

2.  The applicant requests, in effect, that his military record be corrected to show he was deployed to Port-Au-Prince, Haiti, in support of Operation Uphold Democracy.

3.  The applicant states, in effect, that his separation document (DD Form 214) not does show he was deployed to Port-Au-Prince, Haiti, in support of Operation Uphold Democracy, from 21 September to 9 December 1994.  In support of his application, he provides a copy of an Army Commendation Medal (ARCOM) Certificate, an award recommendation (DA Form 638), and his DD Form 214.

4.  The applicant’s military records show that he entered the Army on 30 April 1996.  He continuously served on active duty for four years until being honorably separated on 29 April 1996.  

5.  The DD Form 214 issued to and signed by the applicant on the date of his separation shows that he held the rank of specialist/E-4 and that he was serving in military occupational specialty (MOS) 92M (Graves Registration) on that date.  This document also confirms that during his active duty tenure he earned the following awards:  Army Good Conduct Medal; National Defense Service Medal; Armed Forces Expeditionary Medal; and Army Service Ribbon.  This list of awards does not include the ARCOM, and the separation document contains no information in regard to the applicant’s deployment to Haiti in support of Operation Uphold Democracy.

6.  The applicant provides a copy of an award certificate (DA Form 4980) that confirms he was awarded the ARCOM for meritorious achievement as mortuary affairs specialist during Operation Uphold Democracy, Port-Au-Prince, Haiti, from 21 September to 9 December 1994.  He also provides a copy of the 
DA Form 638 (Award Recommendation) that contains confirmation of the approval of the ARCOM in Part D (Orders Data).  It documents that Orders Number 168-004, dated 12 October 1995, issued by Department of the Army (DA), USA Combined Arms Support Command, Fort, Lee, Virginia, authorized this award.  

7.  Army Regulation 600-8-22 prescribes the Army’s policy on awards.  It states, in pertinent part, that the Humanitarian Service Medal is awarded to members who distinguish themselves by meritorious participation in a Department of Defense approved operation of a humanitarian nature.  A member must be on active duty at the time of direct participation in the operation, must have directly participated in the humanitarian act within the designated geographical area of operation and within specified time limits, and must provide evidence that substantiates his or her direct participation. The approved HSM operations are contained in Appendix C of this regulation.  Operation Uphold/Restore Democracy is included in the list of approved operations for the HSM.
8.  Army Regulation 635-5 (Separation Documents) prescribes the separation documents which are prepared for individuals upon retirement, discharge, or release from active military service or control of the Army.  Paragraph 2-4 contains item by item guidance on entries for the DD Form 214.  It states, in pertinent part, for active duty soldiers deployed with his or her unit during their continuous period of active service the country and the inclusive dates deployed will be entered in Item 18 (Remarks) as an entry on the DD Form 214.  

CONCLUSIONS:

1.  The Board notes the applicant’s contention that his DD Form 214 should be amended to include an entry confirming he served while on active duty in support of Operation Uphold Democracy, Port-Au-Prince, Haiti, and it finds this claim has merit.  

2.  By regulation, Item 18 (Remarks) of the DD Form 214 will contain entries of countries and dates of deployments for those soldiers who are deployed with their units.  In addition, Operation Restore Democracy is an approved operation that authorizes the award of the HSM to those member who directly participated. 

3.  The evidence of record confirms that during his active duty tenure, the applicant was deployed with his unit and directly participated in Operation Uphold Democracy, Port-Au-Prince, Haiti, from 21 September to 9 December 1994.  Therefore, the Board concludes that it would be appropriate to award him the HSM and to add the following entry to Item 18 (Remarks) of his DD Form 214, dated 29 April 1996:  “SERVICE PORT-AU-PRINCE, HAITI, 940921-941209, OPERATION UPHOLD DEMOCRACY.”

4.  The evidence of record also confirms that the applicant was awarded the ARCOM for achievement and that this award was not included in the list of authorized awards contained in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) of the applicant’s 29 April 1996 DD Form 214.  Thus, the Board also finds that it would be appropriate to add this earned ARCOM to his record at this time.  

5.  In view of the foregoing, the applicant’s records should be corrected as recommended below.

RECOMMENDATION:

That all of the Department of the Army records related to this case be corrected by amending the 29 April 1996 DD Form 214 of the individual concerned by showing he earned the Humanitarian Service Medal and the Army Commendation Medal in Item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized); by adding the entry “SERVICE PORT-AU-PRINCE, HAITI, 940921-941209, OPERATION UPHOLD DEMOCRACY” to Item 18 (Remarks); and by providing him a copy of a corrected separation document that includes these changes. 

BOARD VOTE:  

___lb ___  __lem ___  __fe ____  GRANT AS STATED IN RECOMMENDATION

________  ________  ________  GRANT FORMAL HEARING

________  ________  ________  DENY APPLICATION

		____Fred N. Eichorn_____
		        CHAIRPERSON

INDEX

CASE ID	AR2002083794	
SUFFIX		
RECON	YYYYMMDD	
DATE BOARDED	2003/05/06	
TYPE OF DISCHARGE		
DATE OF DISCHARGE		
DISCHARGE AUTHORITY		
DISCHARGE REASON		
BOARD DECISION	GRANT	
REVIEW AUTHORITY		
ISSUES         1. 1021	100.0000	
2.		
3.		
4.		
5.		
6.