BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010824 BOARD VOTE: _____x____ ___x____ _____x___ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ________ ________ ________ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010824 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 adding to his DD Form 214 the Armed Forces Expeditionary 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. BOARD DATE: 23 May 2018 DOCKET NUMBER: AR20160010824 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). 2. The applicant states the AFEM was awarded to his unit, the 276th Transportation Detachment, Fort Story, VA, for Operation Uphold Democracy, a United Nations mission in Haiti from 15 February to 30 April 1996. 3. The applicant provides: * DD Form 214 * two DD Forms 1610 (Request and Authorization for Temporary Duty (TDY) Travel of Department of Defense Personnel), issued on 2 February and 14 March 1996 * Certificate of Participation 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 24 January 1995 and held military occupational specialty 88N (Traffic Management Coordinator). 3. He was honorably released from active duty on 23 January 1999. His DD Form 214 shows in: * Item 8a (Last Duty Assignment and Major Command) – “0276 DET AUTO CG DOC FC” * item 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized) – * Army Good Conduct Medal * National Defense Service Medal * Army Service Ribbon * Marksman Marksmanship Qualification Badge with Rifle Bar (M-16) 4. The applicant’s initial DD Form 1610, issued on 2 February 1996, shows he was TDY from Fort Story, VA, to Naval Air Station (NAS) Norfolk, VA, and then to Port Au Prince, Haiti. The applicant appears to have deployed from 15 February to 30 April 1996. The applicant was a part of the execution of U.S. Forces Haiti (USFORHAITI) Retrograde Operation. 5. The applicant’s DD Form 1610, issued on 14 March 1996, shows the initial DD Form 1610 was amended to show the applicant was TDY 40 days from Fort Story, VA, to NAS Little Creek to Port Au Prince Haiti. The purpose of the TDY did not change. 6. The available evidence also contains a memorandum, dated 30 January 1996, subject: Main Body #2 List for Haiti Retrograde Mission. The applicant’s name is listed on page 2 of this memorandum. 7. The applicant also provided a Certificate of Participation for outstanding service during the United Nations mission in Haiti. REFERENCES: Army Regulation 600-8-22 (Military Awards) states the AFEM may be awarded to members of the Armed Forces of the United States who, after 1 June 1992, participate, or have participated, as members of United States military units in a United States military operation that is deemed to be a significant activity and encounter no foreign armed opposition or imminent threat of hostile actions. Service members must be members of a unit participating for 1 or more days in the operation within the designated area of eligibility, or meet one or more of several criteria including being engaged in direct support for 30 consecutive days in the area of eligibility (or for the full period when an operation is of less than 30 days duration) or for 60 nonconsecutive days provided this support involves entering the area of eligibility. The AFEM will be awarded only for operations for which no other United States campaign or service medal is approved. Award of the AFEM is authorized to U.S. military participants in the following operations in Haiti from 1 April 1995 to 31 January 2000: (1) United Nations Mission in Haiti (UNMIH); (2) U.S. Forces Haiti (USFORHAITI); and (3) U.S. Support Group Haiti (USSPTGR-HAITI). DISCUSSION: The evidence confirms the applicant is authorized the AFEM based on his TDY service in Haiti from 15 February to 30 April 1996 as part of USFORHAITI. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160010824 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160010824 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2