ARMY BOARD FOR CORRECTION OF MILITARY RECORDS RECORD OF PROCEEDINGS IN THE CASE OF: BOARD DATE: 18 September 2019 DOCKET NUMBER: AR20170001214 APPLICANT REQUESTS: correction of her DD Form 214 (Certificate of Release or Discharge from Active Duty) as shown below. She also request a personal appearance before the Board * Block 12 (Record of Service), Guantanamo Bay Cuba 19940826 – 19950301 (6 months and 3 days) and Iceland and Azores 19950715 – 19959725 (12 days) * Block 13 (Decorations, Medals, Badges, Citations, and Campaign Ribbons Awarded or Authorized), Drivers Badge (1st Award), U.S. Coast Guard Meritorious Unit Commendation, and Coast Guard Special Operations Service Ribbon APPLICANT'S SUPPORTING DOCUMENTS CONSIDERED BY THE BOARD: * DD Form 149 (Application for Correction of Military Record) * Permanent Orders (PO) 0000017-006, dated 1 May 1994 (Drivers Badge) * PO Number 29-1, dated 25 August 1994, Temporary Change of Station (TCS) to Combined Joint Task Force Gitmo * Manifest Report, Guantanamo, dated 29 August 1994 * Joint Staff PO Number J-1S0-0167-95, dated 6 June 1995 * Joint Meritorious Unit Award Citation * Certificate of Achievement, 504th Military Police Battalion, dated 4 October 1995 * DA Form 2-1 (Personnel Qualification Record – Part II) * DD Form 214 (Certificate of Release or Discharge from Active Duty) * Letter, Commander, U.S. Naval Base, Guantanamo Bay, Cuba, dated 24 January 1996, subject: U.S. Coast Guard Commandant Approves Awards for Naval Base Guantanamo Bay, Cuba * Recommendation for Award of The Humanitarian Service Medal, dated 19 June 1995 * Report of Promotion Board Proceedings to sergeant (SGT) and staff sergeant (SSG) * Yahoo email exchange * Wikipedia printout of Operation Sea Signal FACTS: 1. The applicant did not file within the three year time frame provided in Title 10, United States Code (USC), section 1552 (b); however, the Army Board for Correction of Military Records conducted a substantive review of this case and determined it is in the interest of justice to excuse the applicant's failure to timely file. 2. The applicant states she was an active duty enlisted Military Police (95B10) from 31 January 1992 thru 15 December 1995. During her active duty service, she was deployed to Guantanamo Bay, Cuba for the period 26 August 1994 thru 1 March 1995 in Support of Operation “Sea Signal” Task Force 160, and Iceland and Azores for the period 15 July-26 July 1995 in Support of Operation “Northern Viking “95.” In 2008, she entered the U.S. Army Active Service and was commissioned through the Officer Candidate School Fort Benning, GA. She is presently assigned to the U.S. Army Pacific Command Fort Shafter, HI. In May 2016, while speaking with an Active Duty US Coast Guard Officer, she was informed that he had been awarded and authorized the Coast Guard Meritorious Unit Commendation and the Coast Guard Special Operations Service Ribbon by the Commander of the Coast Guard (awarded December 1995 Joint Task Force 160, for the period 5 November 1994 thru 1 February 1996), per ABCMR Docket Number AR2002082211. 3. She provides Yahoo emails pertaining to ABCMR Docket Number AR2002082211 the Board granted relief to that applicant by adding the U.S. Coast Guard Meritorious Unit Commendation, and Coast Guard Special Operations Service Ribbon to his DD Form 214. She provides Yahoo emails pertaining to ABCMR Docket Number AR20140014342 the Board granted relief to that applicant by adding the U.S. Coast Guard Meritorious Unit Commendation to that applicant's DD Form 214. 4. Review of the applicant's service records shows: a. She enlisted in the Regular Army on 31 January 1992 and she held military occupational specialty 95B (MP). Following completion of training and an assignment to Fort Ord, CA, she was further assigned to 571st MP Company, Fort Lewis, WA. b. PO Number 17-006, issued by the 504th MP Battalion, Fort Lewis on 1 May 1994, awarded her the Driver's Badge (1st Award). c. PO Number 29-1, issued by Headquarters, I Corps, Fort Lewis on 25 August 1994 ordered the 571st MP Company on a temporary change of station (TCS) to Guantanamo Bay, Cuba effective 26 August 1994. The applicant's name is listed among Soldiers manifested for this TCS. d. On 4 October 1995, the 504th MP Battalion issued her a Certificate of Achievement for meritorious achievement while deployed to Iceland and Azores from 15 July 1995 to 26 July 1995 (12 days) for Operation Northern Viking. e. Joint Staff PO Number J-1SO-0167-95, issued by the Joint Staff on 6 June 1995 awarded the Joint Meritorious Unit Award to Joint Task Force 160 Guantanamo bay and participating units for achievement from 20 May 1994 to 19 May 1995. f. On 22 December 1995, the Commandant of the U.S. Coast Guard awarded the U.S. Naval Base, Guantanamo Bay, Cuba, the Coast Guard Meritorious Unit Commendation and the Coast Guard Special Operations Service Ribbon for Operation Seas Signal and support of Caribbean drug operations. g. She was honorably released from active duty on 15 December 1995. Her DD Form 214 shows in: * Item 12f (Foreign Service), the entry "0000-00-00" indicating she did not complete any foreign service * Item 13 (Decorations, Medals, Badges, Citations and Campaign Ribbons Awarded or Authorized): * Army Service Ribbon * Army Lapel Button * National Defense Service Medal * Army Good Conduct Medal * Humanitarian Service Medal * NCO Professional Development Ribbon * Joint Meritorious Unit Award * Marksman Marksmanship Qualification Badge with Pistol Bar 4. AR 600-8-22 (Military Awards) shows the Humanitarian Service Medal was awarded for Joint Task Force 160 Operation Sea Signal from 20 May 1994 – 15 April 1996 Guantanamo Bay, Cuba. 5. By regulation (AR 15-185), 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. 6. By regulation (AR 635-5 - Separation Documents): * block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214, she completed 6 months and 3 days in Guantanamo bay and 12 days in Iceland/Azores for a total of 6 months and 15 days of foreign service * her unit in Guantanamo bay was awarded the on the Coast Guard Special Operations Service Ribbon * PO awarded her the Drivers badge 91st Award) BOARD DISCUSSION: After reviewing the application and all supporting documents, the Board determined that it could reach a fair and equitable decision in the case without a personal appearance by the applicant. The Board also found some relief was warranted. The applicant’s contentions were carefully considered. Evidence provided shows she was awarded the Drivers Badge; however, it is not shown on her DD Form 214. Evidence of record shows she had a TCS to Cuba; however, the foreign service and remarks sections of her DD Form 214 does not reflect her service in Cuba, and there was no evidence available that shows her actual from and to date of the assignment (supporting docs – old case, 30 Aug 94 – 1 Feb 95). The evidence provided shows she was assigned to the recognized unit during the period the Coast Guard approved the unit for awards. Finally, although she provided a certificate that shows she was in Iceland for 12 days, the Board agreed her record is absent evidence that shows she was in Iceland for a TCS instead of TDY or training exercise. BOARD VOTE: Mbr 1 Mbr 2 Mbr 3 : : : GRANT FULL RELIEF X X X GRANT PARTIAL RELIEF : : : GRANT FORMAL HEARING : : : DENY APPLICATION BOARD DETERMINATION/RECOMMENDATION: 1. The Board determined the evidence presented is 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 amending her DD Form 214 for the period ending 15 December 1995 by adding the following awards: * Drivers Badge * Coast Guard Meritorious Unit Commendation Citation * Coast Guard Special Operations Service Ribbon Citation 2. The Board further determined 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 Foreign Service to her DD Form 214. 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. Title 10, USC, section 1552(b), provides that applications for correction of military records must be filed within three 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 three-year statute of limitations if the ABCMR determines it would be in the interest of justice to do so. 2. Army Regulation 635-5 (Separation Documents), in effect at the time, prescribed the separation documents that must be prepared for Soldiers at the time of retirement, discharge, or release from active duty service or control of the Active Army. It established standardized policy for preparing and distributing the DD Form 214. The general instructions stated to ensure that all information entered on the DD Form 214 is accurate. It states for: * Block 12f enter the total amount of foreign service completed during the period covered by the DD Form 214 * Block 13 show awards and decorations for all periods of service 3. Army Regulation 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. //NOTHING FOLLOWS//