ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 27 September 2019 DOCKET NUMBER: AR20160019182 APPLICANT REQUESTS: * Reconsideration of her previous request for correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) ending on 27 August 1996 to show her combat time/imminent danger area in Haiti from 16 October 1994 to 10 January 1995 * Personal appearance before the Board in Washington, D.C. APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * DA Form 2A (Personnel Qualification Record – Part I) * DA Form 2-1 (Personnel Qualification Record – Part II) * Orders 21-11, dated 3 February 1995 * Printout for Transition Processing with Physical Disability * DD Form 214 ending 27 August 1996 * Undated, self-authored letter to Army Board for Correction of Military Records (ABCMR) * Army Human Resources Command (HRC) letter dated 24 April 2012 * HRC letter to Senator Mikulski dated 27 March 2014 * Constituent Request for Congressional Service dated 28 June 2016 * HRC letter to Representative Ruppersberger undated * Email from Congressional Liaison dated 6 December 2016 * Congressional Tasker dated 7 December 2016 * Army Review Boards Agency (ARBA) letter dated 13 December 2016 FACTS: 1. Incorporated herein by reference are military records which were summarized in the previous consideration of the applicant's case by the Army Board for Correction of Military Records (ABCMR) in Docket Number AR20120008984 on 13 December 2012. 2. In her undated self-authored letter, she states she is requesting to have her DD Form 214 updated so that it reflects she served in an imminent danger area while in Haiti from 16 October 1994 to 10 January 1995. She previously submitted applications for Combat – Related Special Compensation (CRSC) and to have her last highest rank held, staff sergeant (SSG/E-6), reinstated, but they were denied 3 times. 3. The applicant provides the following documents: a. HRC letter, dated 24 April 2012, shows notification of her final disapproval from HRC in regards to her request for reconsideration for CRSC, and she can appeal to the ABCMR. b. HRC letter, dated 27 March 2014, to the Honorable X .X. X , U.S. Senator, shows HRC responded to an inquiry on behalf of the applicant regarding her claim for CRSC. It provides, the claims were denied on 3 occasions specifically because the applicant did not provide official military documentation to support her conditions as being caused by a verifiable combat-related event. c. Congress of the United States, Constituent Request for Service, Privacy Act Release Form, dated 28 June 2016, regarding her claim for CRSC that had been denied since 2005, and requesting the office of the Honorable X. X. X X , U.S. Representative to check into her claims. d. HRC letter, undated, to the Honorable X. X. X X , U.S. Representative, shows HRC responded to an inquiry regarding the applicant’s claim for CRSC, which was denied on 3 occasions specifically because the applicant did not provide official military documentation to support her conditions as being caused by a verifiable combat-related event. e. Email, dated 6 December 2016, from Ms. X_ X_, the constituent liaison for Congressman X. X. X X that shows the applicant requested their office to submit her application to the ABCMR on her behalf. f. ARBA letter, dated 13 December 2016, to the Honorable C. X. X X , Representative in Congress, shows ARBA acknowledged receipt of the applicant’s request. 4. Review of the applicant’s service record shows: a. She enlisted in the Regular Army (RA) on 5 September 1979. She continued to serve on active duty through continuous reenlistments. Her final reenlistment was on 1 July 1993. b. Memorandum, dated 29 December 1994, published by Headquarters, Multinational Force, Port-au-Prince, Haiti, shows the Chairman of the Joint Chiefs of Staff approved the Armed Forces Expeditionary Medal (AFEM) to U.S. military forces in, and in direct support of, Operation Uphold Democracy from 16 September 1994 until a date to be determined. All personnel who deployed to Haiti for 30 consecutive days, or over 60 non-consecutive days, are authorized to wear the AFEM. c. Orders 21-11, dated 3 February 1995 that shows the accounting classification was changed for her deployment under Orders 192-7, dated 14 October 1994, published by Headquarters, CECOM (U.S. Army Communications-Electronics Command), Fort Monmouth, NJ. A thorough review of the applicant’s service record determined Orders 192-7 is not available for Board review. d. DA Form 2166-7 (Noncommissioned Officer Evaluation Report) for the period from April 1994 to March 1995 shows she volunteered to participate in Operation Uphold Democracy, and that she maintained 100% accountability for unit supply during the operation. e. DA Form 2A (Personnel Qualification Record – Part I) shows in Section IV – (Service Data), Line 16 – Last Combat Tour/Date: None, and Line 17 – Current/Last Foreign Service Tour/Code: Europe –1. f. DA Form 2-1 (Personnel Qualification Record – Part II) is the only document available from the applicant’s official records that shows her dates of service in Haiti. The form shows in: * Item 5 (Oversea Service); (1) Germany from 22 March 1980 to 29 July 1982; (2) Korea from 8 September 1982 to 9 September 1983; (3) Korea from 14 April 1985 to 25 May 1986; (4) Germany from 25 March 1990 to 24 March 1992; and (5) Haiti from 2 December 1994 to 10 January 1995 * Item 9 (Awards, Decorations & Campaigns) includes Armed Forces Expeditionary Medal * Item 27 (Remarks) Duty in imminent danger area, Haiti, from 16 October 1994 to 10 January 1995 g. On 19 March 1996, the Walter Reed Army Medical Center medical evaluation board (MEB) provided her final narrative summary (NARSUM) that shows under MILITARY HISTORY, her career included a recent deployment to Haiti. h. An undated transition processing printout shows the applicant was being processed for separation due to a medical retirement for a disease or injury that was determined not to be a direct result of armed conflict, or caused by an instrumentality of war. She was to be placed on the temporary disability retired list (TDRL). i. Orders 207-0006, dated 25 July 1996, published by the 5th Personnel Service Battalion, Fort Polk, LA shows: * She was released from duty because of a physical disability incurred while entitled to basic pay, and under conditions that permitted her placement on the temporary disability retired list (TDRL) on 27 August 1996 * Her disability was not a direct result of armed conflict, nor caused by an instrumentality of war, and was not a result from a combat related injury j. Her DD Form 214, for the period ending 27 August 1996, does not show she served in an imminent danger area or in Haiti. However, the form does show the following in: * item 12c (Net active service this period) 16 years, 11 months, and 20 days * item 12f (Foreign service) 6 years, 7 months, and 1 day * item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded and Authorized) includes Armed Forces Expeditionary Medal * item 18 (Remarks) does not show she served in Haiti which was designated as an imminent danger area j. Orders D178-7, dated 12 September 2000, show she was removed from the TDRL and permanently retired because of her physical disability, which was not a direct result of armed conflict, nor caused by an instrumentality of war, and was not a result from a combat related injury. 5. On 13 December 2012, the ABCMR Board denied her request for correction of her DA Form 2-1 (Personnel Qualification Record) to show her dates of service in Haiti as 16 October 1994 to 10 January 1995 instead of 2 December 1994 to 10 January 1995. The Board determined, that when the applicant retired on 12 September 2000, her DA Form 2-1 became inactive, and therefore, it was no longer appropriate to update the form. The Board further determined, if the applicant can provide evidence to support her contention she served in Haiti from 16 October 1994 to 10 January 1995, she may submit an application to have her deployment added to her DD Form 214. 6. By Army Regulation (AR) AR 635-8 (Separation Processing and Documents), item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 (Remarks) of the application’s DD Form 214. 7. By AR 15-185 (ABCMR) applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires. BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined relief was not warranted. The Board considered the applicant's statement, her record of service, award of the AFEM, the absence of pay documents or orders showing dates of deployment and the information contained on the applicant's 2-1. Based upon the conflicting information on the DA Form 2-1 of the applicant, the Board had insufficient evidence to verify a specific period of service. The Board wished to inform the applicant that if she has additional information to show the specific period of service (with specific dates of deployment and redeployment), she may reapply for reconsideration. The applicant's request for a personal appearance hearing was carefully considered. In this case, the evidence of record was sufficient to render a fair and equitable decision. As a result, a personal appearance hearing is not necessary to serve the interest of equity and justice in this case. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF : : : GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING X X X DENY APPLICATION 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. 12/16/2019 X CHAIRPERSON Signed by: 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. REFERENCES: 1. Army Regulation (AR) AR 635-8 (Separation Processing and Documents), item 12f (Foreign Service) of the DD Form 214 lists all foreign service performed outside continental United States. Only when active duty Soldiers are deployed with their unit during their continuous period of active service, the entry “SERVICE IN (NAME OF COUNTRY DEPLOYED) FROM (inclusive dates).” is entered in Item 18 (Remarks) of the application’s DD Form 214. 2. AR 600-8-22 (Military Awards) shows after 1 July 1958, the joint Chiefs of Staff will designate U.S. military operations that qualify for the AFEM, and will specify the degree of participation in designated operations warranting award of the medal. Table 2-2 AFEM – Designated U.S. Military Operations, for Haiti shows Operation Uphold Democracy for the period from 16 September 1994 to 31 March 1995. 3. AR 15-185 (ABCMR) prescribes the policies and procedures for correction of military records by the Secretary of the Army, acting through the ABCMR. The ABCMR begins its consideration of each case with the presumption of administrative regularity, which is that what the Army did was correct. a. The ABCMR is not an investigative body and decides cases based on the evidence that is presented in the military records provided and the independent evidence submitted with the application. The applicant has the burden of proving an error or injustice by a preponderance of the evidence. b. The ABCMR may, in its discretion, hold a hearing or request additional evidence or opinions. Additionally, it states in paragraph 2-11 that applicants do not have a right to a hearing before the ABCMR. The Director or the ABCMR may grant a formal hearing whenever justice requires.