BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012354 BOARD VOTE: _________ _______ ________ GRANT FULL RELIEF ________ ________ ________ GRANT PARTIAL RELIEF ________ ________ ________ GRANT FORMAL HEARING ___x_____ __x______ __x______ DENY APPLICATION 2 Enclosures 1. Board Determination/Recommendation 2. Evidence and Consideration BOARD DATE: 16 May 2018 DOCKET NUMBER: AR20160012354 BOARD DETERMINATION/RECOMMENDATION: The evidence presented does not demonstrate the existence of a probable error or injustice. Therefore, the Board determined the overall merits of this case are insufficient as a basis for correction of the records of the individual concerned. __________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: 16 May 2018 DOCKET NUMBER: AR20160012354 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 award of a Campaign Badge or Expeditionary Medal (presumably the Armed Forces Expeditionary Medal). 2. The applicant states, in effect, he wants award of the Campaign Badge or Expeditionary Medal badge in recognition of his involvement in Operation Uphold Democracy in order to obtain a five point Veterans preference from his current employer. Although the invasion was called off, his unit, 3d Battalion, 73rd Armored Regiment, 82nd Airborne Division, deployed to Haiti for peace keeping situations. While he did not deploy to Haiti, he believes his entire battalion received Campaign Badge or Expeditionary Medal. 3. The applicant provides no additional documents. 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 August 1993. 3. His DA Form 20 (Personnel Qualification Record) contains a blank entry in item 5 (Overseas Service). Item 35 (Record of Assignments) shows his assignment with Headquarters and Headquarters Company, 3rd Battalion, 73rd Armored Regiment, 82nd Armored Division. 4. On 17 February 1996, the applicant was honorably released from active duty having completed 2 years, 5 months, and 24 days of creditable active duty service. Item 13 of his DD Form 214 (Certificate or Release or Discharge from Active Duty) shows he earned the following awards during his tenure on active duty: * National Defense Service Medal * Army Service Ribbon * Army Lapel Button * Expert Marksmanship Qualification Badge with Rifle Bar * Parachutist Badge 5. There are no documents on file in the applicant’s record showing he or his unit was ever awarded or recommended for the award of the AFEM or any other campaign badge. REFERENCES: 1. Army Regulation 635-5 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. Paragraph 2-1 states the DD Form 214 is a summary of a Soldier's most recent period of continuous active duty. It provides a brief, clear-cut record of active duty service. 2. Army Regulation 600-8-22 (Military Awards) prescribes Army policy and criteria concerning individual military awards. 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: The AFEM is awarded for qualifying service in Haiti for Operation Uphold Democracy from 16 September 1994 to 31 March 1995. There are no documents on file in the applicant’s military record to show that he or his unit entered the area of operations in Haiti. //NOTHING FOLLOWS// ABCMR Record of Proceedings AR20150000953 Enclosure 1 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS ABCMR Record of Proceedings (cont) AR20160012354 2 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 1 ABCMR Record of Proceedings (cont) AR20160012354 3 ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS Enclosure 2